Los Angeles daily herald., 1889-11-05
THE COUNCIL.
City Attorney Mcfarland Re-
plies to the Mayor.
ONE BID TO TAKE THE SEWAGE.
Adjourned Until Today Out OF Re-
spect to the Memory OF
Bernhard COhn.

The City Council met yesterday morn
ine, President Frankenfeld In the chair,
and Councilmen Wirsching, Summer
land, McLain, Van Dusen, Brown, Ham
ilton and Shafer present.
The Mayor returned without his ap-
proval an ordinance of intention to grade
King street upon request of the City En-
gineer. The vote by which the ordi-
nance was adopted was reconsidered, and
the veto was sustained.
The report of the City Auditor as to
the amounts in the various funds was
read and referred to the Finance Com
mittee.
The Street Superintendent asked that
the specifications for street grading be
amended SO as to compel contractors to
construct culverts where needed. On
motion, the City Engineer was instructed
TO make the amendment.
The Street Superintendent asked for
permission to pdrchsse q horse to re-
place one which had given out.
The Chief of Police asked that he be
given q horse to replace one that had
been hurt. Both requests were referred
to the Supply Committee.
The reports of Justice Austin, Judge
Owens, the Chief Of Police, the Sealer of
Weights and Measures, were referred to
the Finance Committee.
The City Attorney reported that he
had commenced proceedings to grade
First street, but if the property owners
could agree upon better grade it would
be advantageous. Received and fled.
A deed from Juan Mesa for strip Of
land on Bellevue avenue was accepted
and ordered recorded.
City Attorney Mcfarland reported as
follows on the Mayors message Of last
week, after explaining why he recon-
mended that aquit claim deed be given
to Hannah E. Nicholson and Pierre
Nicolas:
For that report have no apologies to make,
Withstanding The real object of the Mayors
message. believe, was to call attention to what
he is pleased to term an abuse in the City At
t0rney's office. On that point wish to reply
more at length. In the early days Of the citys
history the methods of surveying lands aud lay.
ing out streets were crude and imperfect and
which do not conform to the now established
Ines of lots and streets, and for these reasons
individuals frequently apply to the city for
IN In their titles. As the city is in no
way responsible for the defects complained
of and has no interests. pecuniary or otherwise,
in perfecting these titles, 1t is but light and
just that any expense incurred in the matter
should be borne by the person who is to be
benefited, and for this reason the City Council.
tion requiring ali parties applying for convey
anees for the purpose Of curing defects in their
titles to land to deposit with the City Clerk the
ant upon such application, and empowering
the Land Committee to employ an attorneyat
law, or searcher of titles, to examine the ab-
Recorders Office, and, to pay for the same out
of the sum so deposited, This has been the law
for over fourteen years on this subject, and
seven successive Councils and seven successive
Mayors have failed to find any fault with it. or
to dnd any abuse In a law which compelled the
party interested and the one solely to be ben
matter. Since the Mayor has been in office
there have been six applications for deeds.
and the Mayor has signed all of them
i had passed upon the abstracts not as City At
torney but as attorney atlaw, and would be
paid for the same. The Land Committee of
or because it had been the custom for years, has
turned over to Mr.. Dunn and myself these alb
stracts for examination, together with $25 of
one viii contend that the ' remuneration is too too
and no person who has applied for deed has
Il o. s
Charter, which prescrbes the duties pertaining
to this Office, and you will find among the
reey OF Sg ths e
the duty of the City Attorney to examine alb.
stracts and pass upon titles for every person
who finds & or thinks he has found some detect
from this corporation, Nor does the Charter
prescribe directly or by implication that the
viy Attorney Or the Mayor shall devote their
offices, or that the profits arising from the pri-
vate business of either'shall be turned into the
city treasury. The several amounls of $25 each
been in office, and about which the Mayor in
his zeal to abate abuses in the city government
igh5 ing tn nave coppis1nea d da months ago even be,
for any services performed In the lines of my
duty as an officer Of this city. The fact that the
right" after having commented SO severely
upon my conduct as City Attorney, shows the
spirit in which his message is writ en-, and that
capnbe ocsr tbe cS az M dns
not hesitate to state the matter in an unfair
way, and to make insinuations, evidently un-
Is not the nrst ambitious person who has at
tempted to raise himself by pulling others
down, but have failed to see that such per-
sons have ever profited much by that method
Ihave done nothing that is not authorized by
the Charter and ordinances o. the city, and
which has been done by my predecessors in
ONCE for years, and which has been sanctioned
by your honorable body and by the Land Com
mittee, and therefore have no apologies to
make for my actions.
A deed to school site in the Ella Hills
tract was accepted and referred to the
Board of Education for recording.
A request from the Los Angeles and
Glendale railroad for permission to re-
move earth from city property, was re-
ferred to the Board of Public Works.
This location was not the same as that
specified in former request.
Mr.. Summerland offered the following
resolution, which was adopted:
WHEREAS, 1t has pleased an all-wise Creator
to remove from our midst our esteemed fellow
townsmsn Hon. Bernhard Cohn and
WHEREAS, Said Bernhard Cohn has been at
various times valuable and efficient member
of the City Council, and q man foremost In
public work; now. therefore be it
kes0lved, That this Council adjourn at IL
O'Clock noon today out of respect for the mem
adjourned until Tuesday, the 5t1l y of No
vembcr, 1889, at 10 O'Clock a. m;and that
of this Council.
The report of the Finance Committee
was read aud adopted.
The Sewer Committee recommended
that the City Engineer draft an ordi-
nance OF intention to sewer Downey
avenue; that the petition of @. Gassen
for payment for extra work be denied
that the protest against the sewering Of
San Fernando street be granted; that the