Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1884-09-09
BOARD OF TRUSTEES.
A Deputy Health officer Appointed
North Levee Improvements.

works, reported that the machinery nau
been in operation 155 hours during the past
week. and that 26,935, 80 gallons of water
had been pumped-the Holly pumping
| 1892, $50 gallons, and the c. T. pump 10
963, 900.
James Touhey was allowed two weeks
additional time in which to complete the
drain from China Slough to the river.
Robert T. Devlin, Chairman of the Citi-
zens' Vigilance Committee, appeared before
the Board, and stated that at Joint meet
ing of the Board of Health and said COM
mittee it was decided to petition the TruS-
tees to continue the services of the Deputy
Health Officers, and urged the necessity of
having the work of cleaning up the city
prosecuted with all possible vigor.
Dr. Bruno, a member of the Board of
Health, also addressed the Trustees on the
same subject and asked that the deputy
health officers be continued for another
month at least.
Mayor Brown was in favor of granting
the request, saying that he was convinced
that it was for the best interest of the city
to do so.
Trustee Nielsen was opposed to the whole
business He did not think it was neces-
sary He thought the Health Officer ought
to be able to look after the entire matter.
If he could not, and admitted that he re-
Quired an assistant, he would vote to give
him one, but not more.
Trustee Gutenberger agreed with Mr..
Nielsen, and said he would vote for one
assistant, but no more.
Finding that the other Trustees would
not allow more than one deputy, Mayor
Brown put in nomination for that position
i. Hess, and he was unanimously elected.
The Street Commissioner was directed to
advertise for sealed proposals for the
strengthening of the north leyee, from
Sixteenth street to the American river
bridge Also for the construction of a
sewer in the alley between 0 and z, Fifth
and Seventh streets
A resolution OF intention was passed for
the laying of a sewer in the alley between
Q and j, Ninth and Tenth streets.
The contract for the paving of Tenth
street, from } to X, was let to J. G. Plum
mer.
After auditing number of bills and or
dering their payment, the Board adjourned.
FALSE PRETENsEs OR GRAND LARCENY
The case Of Gray who is charged with grand
larceny in connection with Rae, alias Rebel
George they are alleged to have Jointly
swindIed one John IIollett last June at the
depot of the Central Pacific Railroad Com
pany in this city of the sum of 5160 by
means of bogus 81 900 bond), came up for
examination on Saturday in the Police
Court. 1t viii be remembered that Rae
was tried in the Superior Court in July. and
the jury failed to agree. During that trial
the question arose whether the facts would
warrant the charge of grand larceny, and
1t seems this IS what split the jury. On
Saturday, after the argument of counsel
Judge Henry announced that he was salts
fled that crime had been committed, but
from his view of the law, based upon de
CisiOns Of the Supreme Court of Ohio. he
did not think it the crime of grand larceny.
and read from the 18th Ohio State Reports
a case in all particulars like the one at bar
where that Court held that if the party
parted with his money with the express un-
derStanding that the same identical money
should not be returned TO him. but that he
was only to be paid in kind no matter if it
was obtained by trick or fraud, that
the title passed to that particular money
and that the crime Of grand larceny did
not exist, but that it would be obtaining
money under false prctenses, which is Il
distinct otlenSe. City Attorney Anderson
contcnded that the gist of the oiicnSc was
i'll obtaining the money by trick and fraud
with the intent at the time 10 delraud the
.,vrlnr of tho sau,a Y.I,oi ,,r5l .,. H., y ,,,.
VoIl- linz of Gnri.;ors o,,o,,,'t. 80 -
I,rco,,,. md ti,at am. ,,,l
arr. .ir,iIor n, 1Ls, ,f ~ ~ 80
Hen, t,tai fI,at nIas i ,.. -,', -
~ bic mind tLnt no MI ,,,, ri't III
d,t,.,, II, no Ofio ,,Ii ~ -;
,bar,-a rb, ,,sa If ,,ra,,d lar.n,,, ,,I -.
an examination for obtaining money under
false prctonses. lie gave counsel until yes
terday 20 furnish authorities, if ii could be
done, to change his opinion. The City At
torney thought that the decision in Ohio
raised distinction without difference,
tor 1t held that grand larceny can be COM
united by trick ami fraud, but made a dis
unctlUu in cases where the party swindlcd
did not expect to have The identical money
or property returned. Yesterday Judge
Henry lntlmatCd that he would decide the
case in accordance with the Ohio decision,
and Gray will be examined for obtaining
money under false pretcnscs.
C1.,r,r, To pr, 1f,.r-,,rr,,,-r. ,.r,,,,,.
Officer Farrell returned from San Fran
cisco yesterday noon, bringing back J. II.
Reed, who had been arrested in san Fran
CISCO Saturday on warrant sworn ont by
Mrs. \ Swain, accusing him of obtaining
money from her under false prctcnses.
Mrs swain and Reed were partners in u
dry goods store ut eighth ana j streets, which
was recently attached by creditors. He
explains Ihat lie mad no intention OF alb
scohuihg but went 10 san Francesca, ac-
cohPanled by hls attorney, to see what
arrangements could be mace relative 10
the attachment. Lyldently she had not
hfaa O. To- . IL.