Los Angeles herald., 1892-02-24

GlOnerS nave no claim WHICH LH6y can
| legally enforce.
Colonel Wells then addressed the
council much in the same strain as he
did two weeks ago. He said: 81 am
here for the purpose of asking you to
consider this matter, not from legal
point of view, but from one of justice.
| maintain that no tax was paid to the
city because the levy was null and void.
1t was so declared by the superior court,
and would probably have been decided
the same way by the supreme court.
No member of the legal fraternity have
consulted has expressed doubt that
such would have been the case.
THE tax came in as money collected,
| Just as II you had taxed me without as
sessing any one else in the city. The
city is really trustee of money it is not
entitled to. l have here receipt where
the tax was paid on the last day, when
the sale of the property was to be made.
The money was paid under protest, for
the receipt is endorsed: Paid under
protest as far as the 20 per cent raise is
concerned. Signed F. 6. Teed, Len ].
Thompson There are others who paid
without legally protesting, because they
made payment before their property
had been advertised for sale. Is it just
to stand on technical defense, when
the levywas not legal?
II believe the city attorney himself
upon examination would see the wrong
of putting the taxpayers TO the expense
of defending suit, when there is such
palpable injustice in the case.
Looking at it from O legal point,
will only say that we, will not sue for
taxes, but for money held in trust. If
we are able to maintain that position,
there is no statute which would prevent
us from recovering"
The question was on the Rhodes
motion, the vote on which had been re-
considered. This motion was to grant
the petitions. 1t was declared lost,
the vote being ayes and noes. Mr..
Rees not voting.
SUPPLY COMMITTEE.
The supply committee recommended
the adoption of the new specifications
for hydrants, and the awarding of the
contract for the same to Roeder brothers.
Carried.
BOARD OF EDUCATION.
The board of education sent in a COM
munication, in which they asked that
thirty feet OF land be set aside on the
west side of the high school lot for
school purposes. Referred to the board
of public works.
LAND COMMITTEE.
The land committee recommended
that the city grant to Antonio Cheriotto
quit-claim deeds to clear defective
title about forty years old. John P.
Moran and the Bottillier brothers made
affidavit that Cheriotto had occupied
and used the land for twenty years.
The report of the land committee was
adopted.
THE NswHART FRANCHISE.
T.J. Carran appeared for the Newhart
petitioners for a franchise allowing them
to build electric conduits in the streets
and alleys of the city. The ordinance
granting the franchise about six weeks
ago was referred to the city attorney to
be amended under certain recommends
tions of the board of public works. The
amended ordinance was now returned,
and Mr.. Carran wanted action on it.
Mr.. Burns of the Los Angeles Electric
Light company, however, objected, and
asked that the matter be referred to
some committee before which it could
be argued. After some discussion refer
ence was made to the committee of the
whole, and special meeting called for
this morning at 10 o'clock, when full
discussion will be had.
FIRE COMMISSION.
The fire commission reported that
Blaisdell q Sprsgue had offered to build
an engine house for the chemical engine
on Belmont avenue, ITO feet north OF
First street, and let the same to the
city for five years at a monthly rental of
$35. The board recommended that the
offer be accepted, provided the plans be
so changed as to allow the building to
be used for steam fire engine in case it
became necessary.
Another proposition on the same mat
ter was before council from John Van
Dorm, who offered lot, 40x120, on
Belmont avenue to the city, together
with an engine house according to the
city's plan, for $4,000. Referred to the
fire commission and action deferred.
coUNCILMEN's MOTIONS.
Mr.. Rhodes moved that to the duties
OF the building inspector be added the
order that no permits are to be issued
by him for improvements on property
unless the exact description of the lot,
| block and tract be added on which such
| improvements are to be made. The
building inspector is also to make a re-
port every month to the city assessor of
| such improvements.
Mr.. Summerland moved that the Elec-
trio Railroad company be instructed to
repair Upper Main street opposite the
Plaza. Passed.
Mr.. Summerland moved that the
street superintendent be instructed to
lower the gutter at the corner OF Upper
Main street and Marchessault street. Re-
ferred to the board of public works.
Mr.. Summerland moved that the city
clerk advertise for bids for a new patrol
wagon. Referred to the police commits
sion.
Mr.. Summerland moved that the
street superintendent be instructed to
gravel the sidewalk on the south side of
| New Main street in front of Griffith's
| lumber yard. Referred to the board of
public works.
Mr.. Nickel moved that the street su-
perintendent be instructed to issue per-
mits to the property holders OF Work
man and Mozart streets to connect with
the city sewer. Mr.. Tufts objected on
the grounds that this would allow the
cable power-house to turn its waters
into the sewer. Referred to the sewer