Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-08-08
RIVERSIDE LANDS.
OWNERS WILL PAY FOR IMPROVING
THE LEvEES.
But they Want Law to Enable Them
to Organize a New Swamp
Land District.

But they Want Law to Enable Then
to Organize d New Swamp
Land District.
There was largely attended meeting
yesterday at Oak Hail. on the Riverside
road, of landowners in that vicinity,
called for the purpose of considering plans
for improving and strengthening the leVee
on the east side of the river between this
city and Freeport The original intention
had been to form a swamp land district to
embrace the low lands in the locality
named. but it was found that there was q
provision of law in force which prohibits
the formation of swamp land districts
within two miles of any incorporated city.
Finding that this plan could not be car
ried out, it was decided to have the levee
below the city improved, the expense
thereof to be borne by private subscription.
a committee was appointed to examine
the levee, in conjunction with County
Surveyor Boyd, and to report at future
meeting the result of their inspection,
together with an estimate of the probable
expense.
The committee performed the labor i'm
posed on them, and formulated report
thereof. This report was submitted at
yesterdays meeting. James O'Neill,
Chairman of the Executive Committee,
presided and explained its purpose. Carl
Munger acted as Secretary. The report
was read, as follows
To the Landowners Of Leuee District No One:
Your committee, appointed at meeting held
at Oak Hall, July Goth, to procure legal advice
accordance with the general laws of the State,
report as follows:
The committee met Immediately after ad-
journment of the meeting of July tn and or
gained by electing James O'Neill Chairman,
James McNasser Vice-Chairman, Carl Munger
Secretary and adjourned to meet at the Golden
Eagle Hotel at 10 A. NJ. Monday morning.
Promptly at 10 clock your committee met
all the members of the committee being present.
After considering the matter they concluded to
consult attorneys Leonard & Hinkson, and i'm
mediately proceeded to their office. Finding
Messrs. Leonard IL Hinkson in, the Chairman
explained TO them the object of our visit. Mr..
Hinkson carefully reviewed all the steps neces
sary to be taken in the formation of swamp
land district and your committee found that it
takes great deal of time-over two months at
the least-and the necessary steps involve
great deal of labor and expense.
Upon motion, Messrs. Leonard & Hinkson
were employed as attorneys to do all necessary
legal work in the formation of swamp land
district ana a definite sum agreed upon for
their services The attorneys employed by the
committee wishing time to examine into the
law more fully, the committee adjourned to
meet at Leonard & Hinkson's Office at 10 A. NJ
Thursday.
The committee met promptly at the place az
pointed, the attorneys OF the committee being
present, and the result of their researches given
to your committee, and the conclusions reached
were that the general law in regard to forma-
ton of swamp land districts applied to places
where there was no district and that Levee
District No. still exists, and as long as it was
in legal existence no new district could be
formed.
atty of the ACT forming levee District No. l.
Should Levee District No. l be annuled by
legal proceedings, which can be done, then the
provision of the statutes which expressly ex-
empt from the general law in regard to swamp
land districts all lands within two miles of any
incorporated town. would intervene to prevent
the formation of our district.
Upon these conclusions your committee found
it would be impossible to form district under
existing laws. Not being able to do anything
farther at present in the formation of district
they requested Messrs. Leonard & Hinkson to
present their bill for services to give their opin
ion in writing, which is submitted with this re-
poit, and to prepare the necessary Acts to be
presented 10 the next Legislature, removing all
lSBdl ObetdOASc W thO VI d uch sndlup
land district.
Messrs. Leonard & Hinkson presented bill
for 500 for legal advice, including the drafting
of any and all bi Is necessary for annulling all
Acts of the Legislature that prevent the forma-
ton of our district.
Your committee paid the attorneys $50, agree
ing to pay the balance when the bills to be pre-
scented to the Legislature were drafted.
After viewing the situation and taking into
consideration the narrow escape from flood the
past season and the vast amount of property at
stake, your committee felt would not do TO stop
hd& so they concluded to make careful in
vestigation of the entire levee from street TO
Freeport, with view of noting all the weak
places. So the committee adjourned to meet
the following day, Friday, at A. NJ. at Front
and streets, requesting the County Surveyor,
Nh. Boyd, to accompany them.
On Friday morning, at hafphst z, the COM
mIttee met at Front and streets, all present
except Messrs. McNasser and Curtis, who were
unavoidably absent.
The committee, with Surveyor Boyd, started
out at once on their tour of inspection.
They found the levee in fair condition until
they reached the old Lovdal break. Here they
found the levee high enough. but entirely too
steep to be safe, and IN their Judgment concluded
the slope should be increased on the side next to
the river. The next place requiring fixing was
from the upper line OF Mrs. Buffers to the Half
way House, on lower line of Aschenauer place.
This levee requires raising two feet.
The Iext place noticed was Just above the
blacksmith shop on the leyee fronting ON Lin
coin land Here the hight was all right, but
the ievee being so near the river is subject to a
great deal of wash. This levee cannot be moved
back without shutting of The road. There has
been considerable trouble at this place the past
season.
Your committee concluded that the best thing
to be done at this place was TO brush ii. The
length of the levee necessary TO fix is about so
feet.
From this place down TO the large oak tree on
the Edwards ranch, the levee seemed 20 be
good.
But from the oak tree to the upper line of
Muuger's the levee requires raising, in some
places two feet, in others less; except as to
height the leyee is comparatively good.
From Mungers TO Freeport your committee
carefully examined all the levee, and with the
exception of about $50 feet on George Peters
place and 100 feet on JOS Maxon's upper place,
which require fixing, the levees were excep-
tionally good. The committee was agreesbly
surprised 10 find the levee in such good eondi-
tiOn in some places the leyees were from 80 TO
40 feet wide on top, and these parties certainly
deserve credit for the fine shape in which they
have kept their levees
Your committee instructed the Surveyor to
make careful estimate of the cost of repair
ing the leyees at the places mentioned and give
the same to us TO be submitted to you, and we
herewith submit the same together with the
opinion of attorneys.
Your committee recommend, in view of the
situation in which the district is placed, and
for the protection of the property OF the district
the following:
First-1hat the money necessary to do the
Second--1hat each property holder subscribe
the same amount each would have to pay for
the same work were it done by legally estab-
lished district.
Third-That all moneys be paid over to the
committee, to be by them expended in the in
terest of the district.
Fourth-That this committee be instructed to
90 before the next Legislature and have all
laws repealed that affect the formation of this
district into a new district
Fifth-rhat after having said laws repealed
that they proceed 10 form new district in &C
corjance with the general law in regard to
Swamp Land Districts.
Sixth-That as soon as a new district is
formed, that the entire levee be strengthened
ffom one end the other.
All of which is respectfully submitted.
JAMES O'NEII, Chairman.
CARL MUNGER, Secretary.
County Surveyor Boyd submitted the fol-
lowing report:
SAcRAM MEMO, August Z. 1890.
To the Executive Committee Of Reclamation Dis
frfd No. ], Sacramento COtinty-GENTLEMEN ::
Acting under your instructions of LIST inst,
herewith submit for your consideration my pre-
liminary report and estimate of the probable
cost of repairing and strengthening the Saera-
mento river levee in Us weakest points between
Y street of Sacramento city and the junction
with the old railroad grade near Freeport.
On August LIST, in company with your com
mittee, ! inspected the entire length OF levee,
noting the several locations requiring immedi.
ate repairs subsequently, made surveys and
examinations 10 determine the probable cost of
the work as outlined by your committee.
We found the levees generally well built, blu.
in several places noticeably weak and through