Los Angeles herald., 1892-02-16

taxes paid on the so-called horizontal
raise" of 1SS9-90, find that all OF the
amounts paid were paid before the tax
became delinquent. 1t has been de-
cided by our supreme court several
times that such payments are not made
under duress even If protest is made
at the time. l am of the opinion that
these claims are also barred by the
statute OF limitation, action not having
been brought on them within two years
after the right of action accrued. For
these reasons am of the opinion that
the claims cannot be legally enforced
against the city.
Mr.. Rhodes was in favor OF refunding
in spite of this opinion, If there was
any way in which it could be done.
Mr.. Rees said, that though the city
attorney declared that the claimants
cannot legally collect from the city, he
considered it the moral duty of council
to return the money.
Mr.. McGarry thought the city ought
not to take advantage of a technical
ity.
Mr.. Nickell-Because we didn't vote
money to carry the case to the su-
preme court, council did not thereby ac-
knowledge that the tax was illegal. l
think council had right to levy the
tax, and am not in favor of irving to get
around the difficulties IN order to pay
$140O or $500.
Mr.. Innes-Unless we have legal
right we cannot pay it back. This
thing is legacy to us from a former
council, and moral right or wrong has
nothing do with it. Try it in the
courts!
Major Bonsall-This council has re-
lieved itself OF any responsibility in the
matter by referring it to the city attor-
ney. The place for this matter is in
the courts. move that the city attor-
ney's report be adopted.
All members were now present, and
Mr.. Rees, who is personally interested,
not voting, there was tie vote OF four
ayes and four nays, and the motion was
lost.
The city attorneys report was then
filed.
Mr.. Rees moved that the petitions for
a refunding be granted. There was
again a tie vote, the motions were de-
clared lost, and the petitions were filed.
VICTOR AVENUE SEWER.
The next special order was the hear
ing of parties against the construction
of sewer on Victor avenue. A protest
was read which had been filed by P.
Beaudry anu others, and several pro
testants appeared. On Mr.. Alvord's
motion the protest was denied.
IT WILL NOT DOWN.
Mr.. Innes now moved to reconsider
the vote on the horizontal raise petit
tions, and the motion prevailed by a
vote OF ayes and 8 noes.
Mr.. Lee, representing Col. G. Wiley
Wells, counsel for petitioners, explained
that Colonel Wells was prevented by
court business from being present, but
desired to address the council on the
question at the next regular meeting.
The resurrected matter was then made
special order for the next session.
MESSAGE FROM THE MAYOR.
Mayor Hazard sent in the following
message:
Accompanying the ordinance permit
ting the owners on Boston street to
grade that street by private contract is
a request from your honorable body for
me not to sign the ordinance until the
property owners on that street should
pay the expenses incurred by the city
under the general street law, which pro-
ceeding has been abandoned. | have
now withheld the ordinance for one
week and no payment has been made.
1t does seem to me that it would
hardly be fair to compel the property
owners to pay these expenses, as they
were incurred, not by the unanimous re-
quest of the property owners, but pro-
test representing nearly, if not quite,
one-half thereof was interposed by them
and overruled by your honorable body,
and the work ordered done notwith-
standing the protest. 1t would seem
particularly hard that those who pro-
tested against the proceedings whereby
this expense was incurred, should now
be required to pay their proportion of
it before they are permitted to improve
their property. A precedent requiring
property owners to pay the incidental
expenses in proposed public work be-
fore they will be permitted to abandon
it and do the work in a different man.
ner, should only be invoked where the
property owners are practically unani-
nous in favor OF the work which is de-
sired to be abandoned, and not in a case
where they were divided, as in the pres
ent instance.
II in the judgment of your honorable
body the facts in this case justify us in
refusing the property owners the right
to have this work done by private con-
tract, would request that it should be
manifested in an order directing the re-
turn to your honorable body of the ordi-
nance without signature, and in the
absence of such an order will approve
the ordinance, as private contracts are
entered into to do the work on the start,
and the contractors are desirous of pro-
ceeding with the work.
HENRY 7. HAZARD.
The contractor offered to pay the ex-
penses and the matter was thereby dis
posed of.
AID FOR THE HEALTH OFFICER.
An ordinance, providing for several
assistants in the health department,
was taken up from the committee of the
whole. 1t allows the department. one
chief sanitary inspector at $40 per
month, two sanitary inspectors at $50
per month, and one keeper at the city
pest house at $50 per month. Passed.
TwENTY-sEvENTH STREET GRADING.
An ordinance permitting the property
owners of Twenty y-seventh street, be-
tween Main street and Grand avenue, to
grade the street and construct cement
curb and sidewalks, was passed.
MOTIONS OF CoUNCILMEN.