Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-09-26
HOW IT NAY BE DONE.

the sacramento dralLSge canal passes, we nave
to say Section 265. of the Political Code pro
vides a. follows:
1.-THE B oa1d of Supervisors may annually set
apart from the property road tax collected from
all sources, sum not exceeding thirIy-five per
cent of the agg egate tor general county road
purposes, TO be known as the general road fund
of the county, from which sum so set apart III ey
may direct such amounts TO be paid as may be
found necessary for such general county road
purposes In which the inhabitants of all the
districts within the county are more or less in
terested or TO assist weak or Impoverished dis
tricts in keeping their roads in repair to be ap.
piled as the said Board may order or direct
provided, that the Boards of supervisors i'll the
several counties shall have no power 10 create a
debt on any road district in excess of the
estimated amount of receipts from said district
for the current year."
This authority. as will be SEEN is very gen.
eral. II authorizes the Board of supervisors to
pay from the general road fund such sums as
may be found necessary for such general county
the districts in the county are more or less in
terested, or to assist weak or impoverished dis
trlets in keeping their roads in repair, to be ap
piled as the said Board may order or direct.
If, therefore, you find the road districts in
Sacramento county, through which the Sacra-
mento drainage canal passes, are weak or i'm
poverished, and that they need assistance in
keeping their roads in repair. you have the
right 10 expend money from the general road
fund, such amounts ss you may deem necessary
to he expended or that you may order or direct
10 be used in keeping the roads in repair. You,
OF course, would have no right to expend
money directly for the drainage canal bu If it
Is necessary, in order TO keep road in repair
10 drain from IL the water. we think that under
this section you have the right to expend money
Tor that purpose. This money would be ex-
pended in the same manner as other road funds
are expended. 1t would be necessary for you
first to establish of record the fact that the dis
tricts are weak or impoverished, and that their
roads needed repair, and that they could be re-
paired in the manner suggested.
The only objection to this course would be
the claim that might be made that it was an
evasion of the law; but that is q matter which
would rest entirely upon the proof as to the
necessities of the case and as to the motives
which govern the Board, and the necessity and
propriety of the proposed action. Respectfully
submitted, JOHNSON, JOHNSON & JOHNSON,
ELwooD BRUNER, District Attorney
Dated Sacramento, September %, 1890.
THE OTHER SIDE.
When Mr.. Johnson had concluded,
Judge Scion Holl addressed the Board.
He said that at the instance of number
of taxpayers he had examined into the
matter, and had given particular attention
to the powers of the Supervisors to ap-
propriate the general revenues of the
county for any special purpose. He ex-
planned, however, that he had not very
clear idea as TO what the present position
of the Supervisors was-what steps they
had taken in the matter, or what they in
tended to do. His impression was that the
Board had proposed improving the drain
age canal, but he inferred from the opin-
ion read by Mr. Johnson that it was
roads and not the canal that were under
discussion.
Mr.. Johnson, by way of enlightening
Judge Holl, said it was his understanding
that the Board was seeking to protect the
county roads in the vicinity of the drain
age canal. The roads there were in bad
condition, being under water part of the
year. This water had no outlet, save
through the canal, and in its present con-
dition this canal was unable 10 dispose of
1t. The water drained down from the
high lands constantly, and was "pocketed"
in the vicinity of the canal, doing much
damage to the roads. The question that
the Board wanted settled, said Mr.. John
son, was how it could proceed to drain
these roads. The work was necessary, and
the road districts were not financially able
to do it.
Supervisor Tebbets added that, inas-
much as the city OF Sacramento would be
benefited by the charging and dredging of
the canal, the City Trustees had agreed to
pay its proportion of the cost of dredging.
Judge Holl thanked the gentlemen for
the information, aud then asked the Super
visors if il was their bona fide intention to
appropriate the money for this work only
from the general road fund. If it was,
he said, his argument would be on differ
ent line from that which he had mapped
out
Mr.. Tebbets replied that the Board bad
done nothing at all, as yet. 1t wanted all
the light possible thrown on the subject
before ii took any action.
POWERS OF THE SUPERVISORS
Judge Holl then proceeded to give hi,
views at length on the powers of the Su
pervisors. The question was, be said, wha
the Board could do with the general road
1und-for what purposes ii could be de-
voted. he was satisfied after reading the
law that if there was money enough in thu
fund, and the Supervisors deemed 1t wist
to make any Improvements for the protec
ton of county roads there was no doub
that they bad full power TO go ahead anC
do so. But this was not the question h'
had anticipated having TO meet. He hac
supposed that the Board Intended appro
priaung from the general fund OF The
county TO improve the drainage canal. HI
had not heard anything about the protec
ton Of roads, nor the general road fund.
Mr.. johnson asked the Judge if he was
sure that money could not be taken from
the general fund for that purpose.
Mr.. Hollis reply was that it could not
not for road purposes, for the reason that |
special fund was already provided by Law
for those purposes.
Couldn't drainage canal fund be estab
lished?n asked Mr.. Johnson.
mo, sir, replied Mr.. Holl. I'm tn
first place the Supervisors have no powe
over that canal. 1t belongs to the city Q
Sacramento"
Suppose interposed District Attorne,
Bruner, THAT the City Trustees shonl,
give the Supervisors authority to do certain
things?"
BIT OF IRONY.
Unfortunately" was the significant re
ply, 1.-THE Trustees are not the Legislator
of this State. The Trus ees and Supervis
ors, too, can only go so far as the statute
permit them" Mr.. Holl then proceeds
to read the Ac,s OF the Legislature of 1915
whereby the levees and the drainage cana
were turned over TO the city government Q
Sacramento. and he argued that under thei
provisions the Supervisors had no right-t
NEEDLE with the canal. The Trustees hs
no power to grant the Supervisors an
rights in the premises.
Mr.. Bruner then drew the hypothesis {
a submerged county road which could onl
be relieved by digging a ditch beside II
take of the water, and asked the Jude
whether or not in that case the Supesvis
had not the power to pay for the digging {
that ditch.
"they have full power to protect the count
And suppose they found the ditto
already there, only needing widening
suggested Mr. Johnson.
IF the ditch belonged to them guess
wound be all right" answered the Judg
smiling at his own sharpness.
"Do you mean TO say that the board hl
not the right now to drain the count
roads in the manner suggested y asked NJ
Bruner.
II don't see how the Board can medd
with that canal at all" was the reply.
Iuterrogatories were hurled thick 81
fest upou the Judge, and he soon began
exhibit premonitions OF waning strengt
Finally Mr.. Johnson asked him again
--supposing the Supervisors found dite
already dug belonging to the city. and u
city should give the right to the supervise
IN drain the county roads into 1.-THE
couId not avail themselves OF the oppo
tunity. tx eefrr