The herald., 1893-01-31

lege streets, 500 month j. NJ. Lough-
lin, land on CASTELAR, street, SIG a
month; E. Bouton, land at Yale. Col
lege and Adobe streets, $50.
CITY ATTORNEYS REPORT.
The following is the report of the city
attorney, which was adopted:
To the Honorable City Couucil
GENTLEMEN 1 have examined the
petition Of James Moir in reference to
the opening and widening OF Maple ave.
nue., reciting that William Mics has
mortgaged tract of land to him stu
ated on the corner of Maple avenue and
Washington street long previous to the
time that Mr.. Niles set back his fence
aud opened Maple avenue to the public;
that the mortgage has been foreclosed
upon the whole tract, and that he has
purchased the came at sheriff's sale, and
That the time OF redemption has not ex-
pred; and complaining that the COM
mlssloners have not allowed him any
compensation for the portion of the land
which 10 covered by his mortgage, and
now constitutes a portion of Maple ave-
nue.; and asking that the report of the
commissioners be corrected so as to al
low him compensation for the same. 1
have made some examination OF
the facts, and believe that
the statement contained in his
petition is correct. OF couree the
setting back of the fence and throwing
open the property to the public as far "s
Mr.. Niles is concerned, would constitute
dedication for street purposes; but
do not believe that he could so dedicate
the property. In case it impaired the
security of the mortgage, he would have
ar ght to have all the property sold (if
necessary to satisfy his mortgage. The
time for redemption not having expired,
the purchaser at the sheriffs sale has as
yet no title to the land which
entitled him to compensation for
that portion which would be taken
for the street, and such title may never
vest in him, as the property may be re-
deemed. | suggest that the report be
referred back to the commissioners to
sllow reasonable compensation for the
land to be taken; the money for which
is to be held until it is determined who
is entitled to the same. In case Mr..
Niles, he would not be entitled to the
money, as he has, as far as he is con-
cerned, dedicated the land for street
purposes. Neither would the redemp-
tion by creditor. otherwise the mort
party Nlles) be entitled to the money,
as he would take the property under the
condition in which it is found at the
date of the eale; consequently, the only
person who would be entitled to com
pensation would be the mortgage, or,
in this case, the petition of James Moir.
The petition OF M. G. McKoon and
others in reference to the opening of
Figueroa street, from Seventh to Orange
street, before it was forwarded to me,
was returned to the council by the board
of public works with the recommends
ton that they are of the opinion the
parties should take the matter into
court. The investigation OF this ques-
tion OF Figueroe street will involves large
amount of research and investigation
and some expense in the way Of an ab-
stract, before incurring which, in view
of the recommendation of the board of
public works, would ask your further
instruction.
I have prepared and delivered to Ger
son Bros the contract for keeping
sprinkling hydrants in repair.
In reference to the contract OF Ramish
u Co. for the disposal of the city garb-
age, l find that the plans and specifica-
tions provide that the council and board
OF health must provide the type and
model of wagons in which the garbage
shall be removed, and that said type
and model of wagons having been not
yet approvsd, the contract cannot be
drawn for that reason. also find that
the specifications on file and adopted by
the council, and which are referred to
in the advertisements for bids, defined
the meaning of the term ''garbage D." and
particularly specified the different kinds
to be removed. Vegetable garbage"
shall be held to mean kitchen vegetable
refuse, or matter unmixed with ashes or
other refuse matter which cannot
be burned. Animal garbage or otfal
shall be held to mean refuse from board
ing houses, hotels and restaurants.
The terms carcasses and dead animals
shall be held to mean animals dying
from disease, accident, or which have
been killed pursuant to the order Of the
county veterinary surgeon, and not to
include any animal which may have
been slaughtered for human food. The
recommendation of the health officer
accompanying these instructions is that
the contract shall include the disposal
OF all dead animals by cremation and
in view oft fact that the specifications
seem to include dead animals in the
definition of garbage, and the advertise
ment for proposals for removing garb-
age having referred to the specifications
on file for particulars and description of
the garbage to be removed, it seems
to me that the removal of dead
animals should be included in
the contract. | have been informed
that there is an understanding among
some of the bidders that the dead ami
mails were not included within their es-
Inmates; and l have been informed by
other bidders that their estimate was to
include the removal of dead animal ac-
cording to the specifications. In view
of these uncertainties l would like to
have your definite instructions as to
whether the removal of dead animals
shall be included within the contract or
not. In the former contract with Mr..
Dunnigan the city council designated
the district within which the garbage
should be cremated, and within which
the dumping grounds should be located I;
but in the present specifications no such
district is defined, and l desire also to
know whether the council shall select a
territory within which this garbage
shall be cremated or not.
In regard to the paving on Second
street, between Los Angeles and Alame-
da streets, by the railroad company, 1
find that the engineer has not estimated
that the cost of the work required to be
done by the railroad company will ex-
ceed 50 per foot; and for that reason the
ordinance would now be prepared.