Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-12-01
BOARD OF TRUSTEES.
THE SUBURBS TO BE PROTECTED
BY MOUNTED POLICE.
Pay a City License-An At
tached Deposit.

The Board of City Trustees met at 10
A. NJ. yesterday. Present-Messrs. Nielsen
and Jones. Absent-Mayor Brown Trustee
Nielsen presided.
The contract for furnishing taps for the
city water-works for the ensuing year was
let to Huntington, Hopkins g. Co.
The Chief Engineer of the Water-worIs
reported that during the past week the ma
chinery has been in operation 16S hours,
and 100000 gallons of water pumped.
City Treasurer James n. Porter appeared
before the Board and stated that he would
have the opinion of his attorney, and be
ready by 10 o'clock to-day to say whether
he would withdraw his appeal from Judge
Netherlands decision in the bond case or
moi. The time asked for was granted.
The letting of the contract for city al
vertising was laid over for one week. In
this connection the following communica-
ton was read from j. n. Larkin, editor and
proprietor of the Sunday Leader 1" | re-
spectlully ask your consideration of the
following bid for advertising. | will pub
fish whatever advertising can be done in q
weekly paper at the following rates: First
insertion, per square, 81 subsequent in
sertions, free"
AN ATTACHED DEPOSIT.
Some weeks ago when bids were received
for the laying of stone walks i'll the City
Plaza, John McGillivray, one of the bid
ders, put up deposit of $60-three twenty
dollar gold pieces-which be had bor-
rowed for that special purpose from Mr.
Popert. The latter, after the bids were
all declared off, called for his money, pre-
senting an order for the same from the
contractor who had made the deposit
The Auditor refused TO give it up,
owing to the fact that it had been
attached in his hands by W. J.
o Brien, one of Mr.. McGillivray's cred
itors; The City Attorneysswas appealed to,
and he advised the Auditor ito hold on TO
the coin for few days" Both parties en-
ployed attorneys, who besieged the Trustees
and Auditor, and the sixty dollars has
given them more trouble than all the city
funds, the water proposition, or even the
bond question. Yesterday morning F. D.
Ryan, the attorney for O'Brien, backed I'D
by Constable Swift, armed with an execu-
ton from the Justices Court, was in at
tendance upon the Board, as was also Matt.
+. Johnson, the attorney for Mr. Popert.
Mr.. Ryan demanded the money, and
said it must be paid into Court This, he
claimed, would release the Auditor and
Board of Trustees from any liability, and
the Court could decide who was rightfully
entitled to it.
Mr.. Johnson said the money was in the
hands of the city authorities. and is not
liable to attachment. Judge Clark decided
similar case some years ago, where a
teachers warrant was attached for dry
goods bill. He held that money could not
be attached in the hands of the Trustees
or the City Auditor.
Mr.. Ryan - That is all right, so far as
city funds or warrants are concerned. This
is special deposit--an individual deposit
with the City Auditor. The Courts have
not decided that you cannot attach money
deposited with an officer. Mr.. Popert is
not known in this transaction. He loaned
the money to the contractor, and it belongs
to the latter as far as the Board is CON
cerned. If the Auditor delivers it to the
Constable the receipt of the execution is his
answer and shields him from any liability
Auditor Mckee at this juncture went to
the safe, took therefrom an envelope con-
tanning the deposit, laid it on the desk
before Mr.. Nielsen, saying: Il now sur
render this money to the Board, and am no
longer responsible in any way You can
do as you like with it." The envelope was
Endorsed, $500. McGillivray, bid upon
work
Mr.. Ryan - Mr. Swift, come and take
this money.
Mr.. Johnson ! No you don't. That
money belongs to Mr.. Popert
The Trustees argued the point at length
with the opposing counsel, sent three times
after the City Attorney. but he each time
sent back word Am busy in the Police
Court. In the midst of a very important
criminal case. Give Swift the money"
Mr.. Johnson want no hearsav hush
ness. Mr.. Anderson did not talk that way
TO me. Let him come before this Board
and say, Give Swift the money!" but !
object to this style of giving legal opinions.
This money is in the hands of the CITY
Trustees. You have it as officers of the
city of Sacramento, and it is in the hands
of the municipal corporation. If they can
attach this they can attach all other depos-
its. 1t would seriously interfere with the
transaction of business. 1t would keen
persons from bidding, if their bids were TO
be thus interfered with.
Mr.. Ryan-It would protect this Board
against men who do not pay their debts.
Mr.. Johnson-There are plenty of honest
mea who cannot pay their debts. That is
a species of argument l think out of place
here.
Trustee Jones-I move that the deposit
be returned to Auditor Mckee, who is the
proper custodian of matters pertaining to
this Board, and that the further considera-
ton of this matter be deferred until 10 AN.
Tuesday. Carried.
THAT sTATIoN-HoUsE SACK.
Chief of Police Oliver Jackson appeared
before the Board, saying that the late
Grand jury IN their report spoke about
certain funds that were collected at the city
mrs and pr,Na cd +Io+ /,
be paid into the city treasury, and all
expenses of the police department
should be paid by warrants drawn upon
the City Treasury by the Auditor. He
wished to explain matters and was willing
to follow the advice of the Trustees in the
matter. He said the Grand Jury said
nothing about his predecessors. Ever
since there has been a Jail in this city, and
it has been a custom with other cities. they |
charged 90 cents a meal for en- routes. All /,
the eXChiefs did the same, but they kent |
no account of it. Since he had been in |
office the last twenty months he had kept
q book III which was q record of every cent |
50 received and how and for what the same |
was paid out. 1t has averaged during his |
term SIG II per month. 1t is paid out for |
dispatches, filing saws. shoes for prisoners |
deserving, and in ways too numerous to |
mention, all of which appeared IN the book |
which he submitted to the Board. The
taken at the office were also |
taken out of this fund. All minor bills |
are paid out of this sack, and the Trustees
would notice that during his term no such
bills had been presented to the Board.
Trustees Nielsen and Jones were both of
the opinion that the method as kept by the
Chief, inasmuch as there was no contingent
fund for the Police Department, was
good one, but recommended that state
ment of the account be rendered the Board
once month.
FLEA FOR MOUNTED POLICE.
The Chief of Police said that in the past
few years the city had extended so far east
that the residence portion had almost be- |
come city by itself yet the police force |
was no larger than when the city covered |
an area less than one-tbird of its present |
size There are but eleven policemen to |
guard the CITY a force totally iDadeouata 70