Los Angeles herald., 1891-08-26
LETTER BAG
WIN tho street Bonds B. v.,ids

EDITORS HERALD: Our supreme court
invariably holds, and ESQ far as l know
80 do the highest appellate courts oi
every other state, that in all cases where
it is sought to enforce tax, impost OF
assessment upon an unwilling property
owner, it must be shown that all the
provisions of the statute regarding such
impost, tax or assessment have been
strictly complied with.
In reading over the official advertise
ments of ordinances and resolutions
under the new street bond law passed
by the last legislature, it strikes me that
an omission is being made which will
prove fatal to the validity Of the bonds
issued by virtue of such proceedings.
Section of the general street law
Commonly known as the Vrooman act),
as amended by the last legislature,
reads; Before ordering any work done
or improvement made which is author
lied by section of this act, the city
council shall pass aresolution Of inten-
ton 60 to do, and describing the work,
which shall be posted conspicuously for
two.days at or near the chamber door of
said council, and published for two in
sertions. in one or more daily, semi
weekly or weekly newspapers, pub
Ji6hsx1 and eiSculataa --inEsafa Lsi5ysx atsa
dss PED by said city council forthat
! Il wall be noticed that there are two
things repaired to give validity 10 the
resolution Of intention-that is, that it
shall be published and posted.
AS matter OF tact, l believe the reso-
lutions are published and posted, the
publication being ordered in the resolu-
tion or ordinance itself, but nothing is
said therein about any posting. The
language used in these resolutions or
ordinances is s'The city clerk shall
certify to the passage of this ordinance,
and 91aH cause the same to be published
for two days in the Los Angeles Times,
and thereupon and thereafter it shall
take effect and be in force" It will be
noticed that there is no instruction to
post. In fact, the language Of the coun-
Gil negatives the idea that the clerk is
instructed to post, because it says that
as soon as published it shall take effect
and be in force.
contend, and l think the supreme
court decisions bear me out in it, that
not only must the clerk post a copy Of
the resolution or ordinance of intention,
but he must be directed by resolution
or ordinance to do 90, and that there is
no efficacy secured by the posting, un-'
less it is done in pursuance of such ordi-
rance or resolution. rs
While our supreme court has not de-
cided upon this particular point, it has
decided upon = clause in similar act,
which provided, in regard to
the award of contracts for street
''notlce Of such
awards shall be published for five days''
Chat being the whole of the sentence),
that it was not sufficient that the notice
had been actually published by the
clerk for five days, but that it was nec-
sssary that the city council should have
ordered the publication. The language
Of the syllabus in one case is: ''The
board of supervisors (of San Francisco)
must make an order that the notice OF
the award of a contract for improving a
street be published. A publication of
The notice without such order is void. u
Donnelly VS.. Tillman, AZ CAL, 40. The
upon which this decision is
is probably that the council (or
board of supervisors. can at any time
refuse to take any further steps in the
matter. The case Of Donneliy VS.. Till
man is upheld by several later decis-
ions.
/ have before me an annotated edition
81 the street law Cor Vroomen act), as
amended in 1891, by a member of the
Oakland bar, who is said to have had
thirty years successful experience in
street Improvement cases, and in this
be appends forms for the va
rious resolutions, etc., required to make
valid assessments for street work. In
his form Of resolution OF intention to
10 street work. be inserts the following:
The clerk of this (counciD is hereby
directed to publish therein (the paper
iesignated) and post this resolution con-
for two days, on or near the
door CT said council.''
In San Francisco, for years past, a
similar form has been used-that is, the
resolution itself of intention contains an
,rder to the clerk to post the resolution.
Be sure you aie right, then go ahead,
s never more applicable than in street
matters.
JULIUS LYONS.