Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-06-24
BOARD OF CITY TRUSTEES.
They are Called Upon to Levy the Bono
holders Tax.

| that the machinery had Deen III operation
145 hours. and that 16,S19,75O gallons o
water had been pumped.
Robert T. Devlin appeared before tn,
| BOARD as attorney for the Plumbers Asso
citation of Sacramento, and presented pc
tition asking the repeal of Section 6 O
Chapter XIV, and the passage of substi
tute which was prepared by him, ant
which he read to the Board Under the ex
listing ordinance plumbers are required t.
| obtain a license from the Superintendent O.
the water works. This law, like many
others, has not been enforced, and shoe,
| makers, tinsmiths, carpenters and others
who are not plumbers, are said to work as
such and be able to obtain license. Mr.
Devlin claimed that the law could not b6
enforced unless the association would turn
informers, which would be demoralizing
create much feeling, and be fruitful of a
large amount of petty litigation The or
dinance he proposed would remedy the
whole matter 1t differed from the old one
in this: that the license should be issued by
a board of examiners, consisting OF the SUI
perintendent of the water works, the City
| Taper and two or three competent master
plumbers, chosen for that especial purpose.
| The Mayor thought the ordinance, as it now
stands, was good enough, if enforced, and
said he would see to it that it was enforced.
The further consideration of the matter was
continued for one week.
1t was ordered that Tenth street, from
to X, be improved, as per resolution passed
March 31st.
THE CITY BOND CASE.
Judge S. c. benson appeared before the
Board. read the following and presented
the Mayor with a copy:
To the Honorable the Board Of Trustees Of the
CftV of .SdcrdmeRtO-GESTS: Your attention is re-
spectfully called to the peremptory writ of man
date of the honorable the Supreme Court of the
State of California, issued in the case of Daniel
Never vs. j. Q. Brown, William Gutenberger and
II. b. Nielsen, comprising the Board of Trustees
of the City of Sacramento, which said writ was
served upon William Gutenberger and II. i.
Nielsen on June 18th instant, and ON John Q.
Brown on the 18th instant, by the Sheriff of
Sacramento county.
Since said writ was so served you have held
one regular meeting of the Board of Trustees of
said city ON the 10th day of June, A. D. 1884 and
now being again convened on this 23d day of
June, A. d. 1884, and all the members being now
present. you are hereby requested to comply at
once with said mandate and levy the tax as
thereby commanded. This request is made at
this time, not because you are entitled to any
further time or notice, nor because the law re-
quireS us to make any further demand, or give
any further notice. but because we desire if
possible to avoid the unpleasant proceedings
which must Immediately follow any further
delay or refusal upon your part TO comply with
the mandate of the highest Court III the State.
A refusal to comply with said peremptory writ
of mandate puts your Board and each of the
members thereof i'll contempt of the Supreme
| Court of this State and will subject you to the
process of that Court for such contempt. and if
You further refuse or neglect to comply with
said mandate, we will be compelled to report
the refusal to said Court and apply for process
inc. in aI1 hall IN ,,a
| time bring civil actions against each of you
| personally for all damages occaSiOned by your
disregard of the official duties imposed upon you
| by law and said mandate; and III this connec-
| ton we take the liberty OF calling your atten-
ton to the decision of the United States Supreme
| Court in the case OF Amy VS.. Supervisors, 18th
Wallace Reports, page l3S, where that Court dis
tinctly holds that such liability viii follow such
| refusal to comply with the mandate
The creditors of the city, whom we represent,
| have ever been willing to enter into negotia-
tiOns with the city, and to deal with her liber-
ally and generously in the adjustment of the
amounts due them from the city, and year ago
would have accepted terms which would have
saved the city more than half n million dollars,
| but have never received any definite proposition
| or offer, while on the contrary you have met
| them. in the litigation which they have been
| compelled to institute to avoid the statute of
| limitations, with the ayerment that the bonds
are inValld-ln other words, with reputation
of the debt
The water works including many miles of
street mains. and also nearly all the other val
| liable property ofthe city, and which the city
has enjoyed for nearly quarter of a century, to
| this day remain unpaid for, except as paid in
these bonds. which you would repudiate while
| retaining the property.
We find no fault and entertain no ill-feelings
toward you for having endeavOred to evade
| the payment of what the Courts have adiudged
to be a lawful Indebtedness. If your defense
had proven successful our clients would have
lost the money they had paid, in good faith, for
city bonds, and your defense having failed you
cannot expect less than the enforcement of the
legal rights of the citys creditors, and while we
shall regret the necessity of Il resort TO extreme
measures, we shall, nevertheless, proceed
firmly. Very respectfully,
RosENBAUM & SCHIELINE,
BEATTY & benson
Attorneys for Daniel Meyer.
Wilbur f. George and w. A. Anderson,
attorneys for the city, were present and
stated that they had made and filed a mo-
ton for a new trial, and that such motion
by common courtesy always stayed execu-
ton in such writs. Mr.. George read Il com
munication from Perry Kewen, bailitf OF
the Supreme Court. stating that the re-
straining order had been signed by three
| of the Judges, viz Mckee, McKinstry and
Sharpstein. Judge Myrick was in San
Jose, and Judge McKune had gone thithel
to get his signature, which would be O
majority of the Supreme bench.
After considerable talk between counsel
| the Board took the matter under consider
alton for one week.
| Consideration of the ordinance intro
| duced on the 10th, relative to the licensing
of prostitution, was. upon motion of it
| author, Trustee Nielsen, postponed for ont
| week.
George Cooper presented petition, nu
merouslv signed asking that he be allowed
| 90, tish l-at M tho riUar front a
foot of l. street The Trustees INFORMED
him that the railroad company had leas,
of that portion of the wharf, and any ar
| rangement he could make with that com
pany would be satisfactory to the city au
! thOrities.
After auditing large number of bill
and ordering them paid, the Board ad
johrned.
STAY THE HAND-Several well written
and thoughtful communications were re
ceived yesterday concerning the recent,
proposed license ordinance, which ba
been the subject of much comment an,
protest during the past few days but mas
much rs the Mayor and Chief of Polio
have taken steps for the better enforcement
of the present laws, and it is believed tina
no license ordinance is likely now to b.
passed. the further discussion of the mat
ter which was only permissible in publ,
columns in avoiding greater public evil
may now wisely cease. One communica
ton is given, however as it suggests a sub
stitute for the ordinance proposed, ant
would be far more decent, just and effect
uaI than the one before the Board. If an,
new ordinance is necessary, either for tn
sake of legalizing present untrammelet
liberties officially accorded or for spas
modic display of feigned official virtue, lie
the proposed register of visitors from tn
Lords of creation side be kept and pub
ished, by all means, and the question viii
be quickly solved.
For Malicious MISCHIEF. - The tire
bovs-Ronan, Cavanaugh and Kclly-wh
were taken in charge in this city last wee
by detectives Brissell and Hickey rs run
awavs from Virginia City, but subsequent
turned loose, as their parents paid no al
tention to the message sent to them by tn
: officers, were arrested Sunday night b
Constable TOdhunteT, of Washington, an
detective BriSSell, on charge OF malclou
mischief. committed in damaging sewers
whistling posts stored by the railroad con
pany beneath Il section house west OF W ash
ington. They pleaded guilty last evenin
, before Justice Bright, of Washington.
OFFICIAL REGISTER OF PuysIcIANs.-"Th
f Official Register of Physicians and Surgic;
I Residents of California published in jun
1883, under authority of the Board of EN
, aminers of the Medical Society of the Stat
by DIR. X. II. Plummer, Recording Secr'
r -