The record-union., 1892-08-23
FIRST STEP TAKEN.
The City Trustees Agree to Call a
Bond Election.
Discussion Over the Question as to the
Legality of the Proposed Issue
at This Time.

When the session of the City Trustees
was opened yesterday Mayor Comstock
reported that he had called upon General
Manager a. n. Towne Of the Southern
Pacific Company in reference to the
raising of the levee, and Mr.. Towne in
formed him that he had no proposition to
make other than was contained in the
communication submitted last week.
Trustee Green said the city should go
ahead and do the work required. He
was in favor of issuing bonds to the ex-
tent of 100000, if necessary, to pay for
the works The city could go at once
about improving the levee from n street
south.
Trustee Conklin said the board and the
public generally had labored under the
impression that the railroad company
was in duty bound to raise and improve
the leyees used by and virtually owned
by the company. The latter has absolute
and legal control of a portion of the levee,
and before the city could do anything it
would have to condemn the ground.
City Attorney Hart being asked re-
gardlng the legality Of an ordinance that
had been submitted calling for a bond
election for levee purposes, replied that
the ordinance was proper enough, but as
to the correctness of the figures contained
therein he was not prepared to give an
opinion, as there were oIher officials who
could do SO with more accuracy.
+. X. Dray claimed that there was no
legal obstacle in the way Of the city issu
ing 100000 worth Of bonds.
Mr.. Hart SAID the board could proceed
in the matter just as it had done in that of
issuing street-improvement bonds.
Remarks were made by Messrs. Dray
McClatchy, Elijah Comstock and others,
and the discussion took wide range.
Auditor Young said that S6G, 900 of the
100000 voted for street Improvement had
been expended or provided for, and it
was serious question for determination
which Of these represented the real in
debtedness of the city. If the entire
100000 is debt, then the city is not in
position to legally issue 100000 in bonds
at this time. If the $4,000 of bonds sold
represent the Indebtedness under that is
sue, then the city can incur the indebted
ness now proposed for levee purposes.
Mr.. Hart said the whole discussion was
out of place at this time. The ordinance
before the board was merely a resolution
OF intention, and all the issues involved
could be considered afterward when it
became necessary to take definite action
There are questions of law involved in
the statement made by Auditor Young,
which should be passed upon by compe-
tent legal authority before final action is
taken.
DR.. @. l.. Simmons said that Bond
Commissioner Cummings was authority
for the statement that $40, 900 of the bonds
held by the commission could be can
celed at any time, which would dispose
at once of all question as to the legality
of the proposed issue of levee bonds.
The doctor took occasion to remark that
there was no use in improving streets
unless the streets are to be protected
against floods.
Trustee Green moved that the ordi-
nance be adopted, and it was so ordered
by the unanimous vote Of the board.
Trustee Conklin then moved that the
board secure the services of a competent
attorney with whom to advise until the
levee matter should be disposed of. So
ordered.
V. S. McClatchy suggested that the
board obtain legal opinion as to the OBJ
legation OF the railroad company to raise
and improve such portions OF the levee
as its franchises cover.