The record-union., 1892-01-16
THE DRAINAGE CANAL.
Those Who Filled 1t Discharged From
Custody.
The Action Was Against the Wrong
Parties-The Trustees VIII Pro-
tect the Canal In Future.

When Assistant District Attorney
Buckley concluded his argument for the
prosecution, yesterday, in the case of the
People against William Curtis and others
for misdemeanor, in obstructing the city
drainage canal, Justice Henry said he
was prepared to decide the case then and
there.
He said there had been no evidence in
troduced warranting the belief that the
parties charged with misdemeanor had
any motive for their action, except that
they had been employed to do certain
manual labor-namely, the filling of the
canal in order that the ground might be
seeded to alfalfa.
In the opinion of the court these men
were not guilty, and as they were the
only ones against whom the charge was
made he would have to discharge them,
which he did.
1t was inferred from the courts re-
marks, however. that the charge should
have been brought against other parties
than the defendants, who were mere en-
ployes.
ACTION OF THE TRUSTEES.
In view of the outcome of the case the
Board of City Trustees held a special
meeting for the purpose OF taking action
necessary to empower the Street Com
missioner to resort to such measures as
might be necessary to prevent the closing
of the drainage canal by any parties. The
following resolution was adopted:
WHEREAS, 1t has come to the knowledge of
the Board of Trustees that certain parties south
OF the City OF sacramento have attempted 10
and now TIN eaten to close the drainage annals
of the city, which canals are necessary TO the
drainage of the city and to the preservation
OF the property anu health of her inhabitants,
ana which canals the city has used, main
tanned, owned, controlled, and had possession
OF for upward o. tifteen years, claiming the
right thereto; therefore be ii
ResOtCed That the Street Commissioner be
and he is hereby authorized and directed to
| take such steps may be nece: Iry to keep
| such canals Il ee from distractions. and to pre-
vent any and all parties from tilling or ilIJur-
! ing the same.
THE MAJOR Is FOR WAR.
Trustee Mclaughlin stated to REC
! ORD-UNIoN reporter that he proposed to
! bring suit against the first man that at
| tempted to fill in the canal at any point.
! III an attempt is made to dam up the
canal" said he, Il Will have the parties
who do the work arrested, and also bring
suit against Colonel McNasser, who is at
present somewhere in Nevada. | would
! have had him arrested along with Curtis
and the others if he had been in the city
at the time.
I'VE have got to keep that canal open,
for if we don't some lands in the extreme
southern portion Of the city will be over
flowed. The rain and sipage water in
| the southwestern district must all GO
through that canal. 1t runs down the
canal this side OF the I-street leyee, and
thence through the tunnel into the drain
age canal, over which we are having the
| trouble.
"Then, again, there is some water from
southeastern Sacramento that must find
an outlet in this canal. 1t is mostly all
sipage, though of late there has been
some sewerage from the breweries. The
S-street sewer carries all OF this water
that it can hold and the remainder mus
run down street and thence into the
drainage canal. We have got to use this
canal, and intend to do my best to keeI
it open.'
INSPECTING THE CANAL.
The Trustees. in company with Lawye
G. l.. White, yesterday inspected the
pump at Eighth and Y streets, and thu
several canals, and Trustee Mclaughlin
explained just how the city was relieved
of its sipage and sewerage water.