Los Angeles herald., 1892-11-15
Afternoon Session.

The council reassembled at p. m.,
Mr.. Nickel in the chair
SPECIAL ORDER OF THE DAY.
This was the hour set for hearing any
protests that might be made against the
proposed work on Sixteenth street. Mr..
H. Suskind, a large propertv-owner in
the vicinity of the proposed improve
ment, stated that his attorney, Hon. G.
Wiley Wells, was busy in the United
States court, and therefore could not be
present to defend his rights. He there
fore asked for postponement.
Mr.. Afford said there had been too
much delay already in this case, and
therefore he moved action be taken at
once; the case had hung fire two months.
Messrs. Bonaall and Summerand could
never be got to 60 down there and in
spect land. He therefore moved that
the protest be denied and work go ahead.
After some discussion the case was re-
ferred to the board of public works.
LOWERING STREETS.
Mr.. Rees moved that the grade of
Macy, Howard and Center streets be
lowered to admit of storm water being
| carried off.
| Mr.. Innes moved to refer to board OF
public works, and it was go ordered.
PAINTING THE BRIDGES.
The finance committee reported back
the claim OF Frank Alvarez for painting
bridges owned by the city at $444, and
recommending its payment. A motion
to this effect was passed.
REPORT OF CITY ATTORNEY.
The city attorney appeared and pre-
sented the following report:
"Some time ago 1 reported to you
that the jury in the case of the city
against Linde and others. had fixed the
amount of damages to be paid to prop
erty.owners by reason of regarding Tenn
pie street and the adjoining streets, and
advising that you take steps to aecer-
tain the wishes of the people to be as
seesed as to whether or not they desired
the improvement made at that cost.
understand that protests have been
filed against the completion of the work,
but cannot find that you have taken
any action in regard to the matter. /
think you should take some action at
once. Either decide to have the work
prosecuted or to dismiss the proceed
ings, as in the present condition OF
things parties who are affected by the
cut can make no improvements of any
kind. This case has accomplished all it
was intended to do, that is, to have the
damages estimated, but it was not in
tended to and could not provide for the
means of paying for the same. While
the law provides for the assessing upon
a district the cost of the ac-
tual regarding of the street, it does
not provide for damages caused to pri-
vate property by reason of such regrad-
| ing. The chapter on eminent domain
also provides that the amount of the
| judgment must be paid into court with
in 80 days after judgment is rendered,
and we have found from experience that
it will be impossible to assess the costs
upon district and collect the same
within that time. am preparing law
which hope to have passed this winter
which will remedy both of these defects,
| and by making it retroactive so as to
cover all proceedings now pending. We
| will then be enabled to collect the as
sessment. I have deferred entering a
| judgment in the Temple-street case and
shall not do go until this act is passed.
The same legal objections apply to the
| First-street cut and for that reason l
have not brought the case to trial, not
wishing to subject the city or the prop
erty owners to an expensive trial until
we are prepared to collect the assess
ment after the damages had been esti-
mated. Should succeed in having
these laws passed, as propose to draw
them, l hope to be able then to at once
proceed with the trial of the First-street
case and also collect the Temple-street
assessment, in case you decide that the
improvement shall be carried on.
THE TANNING STREET CUT.
Superintendent Hutchinson was pres
ent and, on being called upon by the
council to give his opinion in regard to
the adoption OF the report of the board
| of public works in regard to the Tanning
street cut, said it was attempted by the
chain gang, but it was seen that it would
not then admit of the grade being suf-
| ficient to carry off all the water. The
matter was then referred to the COM
mittee on streets, and the city attorney
was instructed to draw lease to J. g.
Smith, who lived on the 6 ouud referred
to, near the fremen's cemetery, at the
rate of 81 per year.
THE FREE LABOR BUREAU.
Mr.. Rhodes wanted to know what had
been done in relation to the free labor
huroau Mr. Raea chairman of the