Los Angeles daily herald., 1888-10-09
THE CITY COUNCIL.
Supt. Baldwin's Position on
Paving First Street.
THE NEW CHARTER ELECTION.
Measures Adopted to Prevent a Loss
to the City on Street Grad
ing Contracts.

The City Council met yesterday, Presi-
dent Humphreys in the chair, and
Councilmen Mathews, Moriarty, Han
ley, Book, Cohn, Gibbs, Collins, Teed
and Hitler present.
Mayor Workman recommended that
the people of the East side and Boyle
Heights be accommodated with walks
across the river while the bridges are
being built. Received and filed, as the
work AS already been ordered by the
Board Of Public Works.
The property owners on Los Angeles
street asked permission to pave the
street between Commercial street and
First. Granted.
Governor Downey asked permission to
nave Main street in front of his property.
Granted.
The Superintendent of streets reported
as follows, in relation to the contract for
paving First street, the condition OF
which has been published in the
HERALD:
GENrLEMEN-I have to report as follows in the
ult. your clerk published a notice to the effect
that your honorable body had awarded the con-
tract for the work to one Sheerer. Within two
or three days thereafter one Austin presented
himself to my office, claiming to represent
those who own the majority of the frontage on
First street, bteween the points you had or
said parties by which he had.agreed to do the
work at fixed price, all the losses to be born
by him, and which empowered him to enter in,
to q contract with me, as Superintendent OF
Streets and 70 assign the same. He also filed
his oath as agent of said parties. Upon inspec-
ton Informed him that did not believe his
principals to the performance OF the work. He
insisted that the powers were ample and de-
clined to annoy his principals ,s,iaS for
them them in Bond Bond which would enable the city to
recover the amount thereof in case he should
terms, such being the object of the bond in my
opinion under the Vrooman act; otherwise, why
the necessity of bond?
At later date the awardee of the contract,
to be the withdrawal of parties to Austin's
power, owning a number of feet front on First
street sufficient to reduce his representation to
Meanwhile 1 had filed out bond for Mr.
Austin which thought would cover the case.
and on the 22d, taking form of his power of
attorney and if he approved his power of attor-
ney would enter into contract with him on
ton days allowed by law for me to do SO.
MY attorney believed with me that the power
of attorney was insufficient. The City Attorney
was kind enough to furnish me with his opin-
ion as to the requirements of power of attOr-
ney from property holders, and found that in
most particulars he agreed with my attorney
a that power a e aq %
clined to enter into contract with said Austin
and he gave me to understand that he would
sue out a writ of mandamus from the Superior
RI m m q
the 1st inst I stood ready to contract with the
awardee 6heerer, but he failed to present q
sequenty nothing was done in the matter: On
the LIST inst. papers out of the Superior Court
Judge O'Melveny presiding. were served on
me to show cause why writ of mandate should
not issue for me to contract with said Austin
which turned over to the City Attorney.
On the 9Th instant the case. was heard by
upon the application of Austin for the afore
said writ OF mandate. l make this report that
you may thoroughly understand the facts in
the case The Vrooman Act, SO called, was
undoubtedly passed for the protection of proper
ty-holders as against combinations OF contract
0rs. but it must not be forgotten that when the
tract, the awardee thereby acquires rights of
which he is the more jealous in proportion as
they are valuable, and for the defense Of which
as against any unwarrantable action of Street
Superintendent he stands ready to invoke the
protection of the courts. You thus see that
had entered into contract with Austin, l
Sheerer in the courts. Furthermore, should
Austin, for reasons of his own. .scting under
said contract, see fit to abandon the work. and
ahonld the city in consequence attempt to col
1ect the bond at law, it might suffer non-suit,
which, of course, would be a reflection, not on
the City Attorney, but upon the Superintendent
of Streets. Respectfully submitted.
JOHN NJ BALDWIN,
Superintendent of Streets.
The City Attorney requested that the
protest of VIM. Lacy ct al. against an
elevated railroad be filed. Adopted.
The matter of the building of storm
water drain was referred to the City En-
gineer to determine the amount Of pro-
perty benefited, so that an assessment
can be levied for the cost of construction.
The City Surveyor reported upon var
ious matters referred to him.
The Finance Committee recommended
that 5000 be returned to the Turf and
Grain Exchange as rebate. The Ex-
change had paid for a three months
license and had only run two months.
The recommendation was adopted.
Also recommended that the Superin-
tendent of Streets award no contracts for
grading streets until the property owners
guaranteed the city against all loss.
Mr.. Cohn said that the probability
was that the city might be out about
$3.50, 900 for street work if the award of
contracts for grading went on.
City Attorney Daily suggested that all
petitions for street grading be referred to
the Street Superintendent in the first
place. He could make an estimate of
the cost, and could recommend the
streets that should be or should not be
graded. This recommendation was
adopted.
Mr.. Chandler moved that the Street
Superintendent be allowed clerk to fig
ure up the cost of paving, grading, etc.
Carried.
Afternoon Session.
Mr.. Kelly, Secretary of the Board of
Education, appeared and asked that the
Board be allowed to erect school build.
ing on a lot on the corner of Chestnut
and Hoff streets, which had been set
aside for school purposes. On motion of
Mr.. Hanley lot was set aside in the
location named.
Mr.. T. E. Rowan appeared and stated
that he and Mr.. Macy had been ap-
pointed to confer with the Council in re.
lation to the stamping out of the CLAN
ders, which he said was very prevalent
in the city. He asked that the use of
watering troughs be forbidden for time
until the disease had been stamped out.