The herald., 1893-12-27

| Mr.. Stewart denied that the money had
been left in the safe or turned over to
them. Mr.. Watson aleo stated that he
had given Mr.. Hutchinson receipt for
all the tools and other property belong
ing to the office, but no receipt for the
money. When | asked Mr.. Hutchinson
for this receipt he said that it had been
mislaid, but he WAS making thorough
search for the came. Today he has
shown me receipt dated Jnly 8. 1898,
receipting for long list of property, in
cuding tools, ETC., and also for the sum
of 1854 for incidentals to be depos-
tied. This is signed by D. A. Watson,
street superintendent. In view OF these
facts refer the matter back for further
instructions.
In the matter of the widening of First
street, between Main and Los Angeles
streets, lind that the protest upon its
face represents more than majority of
the property owners to be assessed, but
among these signatures are those OF
large number who signed as agents,
attorneys in fact, officers Of corporations
and executors and guardians, the most
of whom have shown no authority in
writing for signing the same. Quite a
number have filed with the clerk ratifi-
cations by their principale of their
signing the protest. and several of the
executors and guardians have obtained
orders of the court also ratifying and
and approving the action of such exec
utors and guardians. All OF these
ratifcations and orders were obtained
long after the filing OF the protest, and
only in one or two instances has it
been shown that authority existed
for such eignings at the time the
protest was filed with the city clerk.
The statute Gays that the filing of a pro-
test signed by q majority of the property
owners to be assessed shall be bar to
the proceedings for II months. The
right to proteat being limited to GER
tain time and the filing of the protest
within that time operating of itself as a
bar | am OF the opinion that no author
ization or ratification subsequent to the
filing of the protest can confer, for the
purposes OF u protest, authority which
did not exist at the time OF such signing.
The doctrine OF ratification as ordinarily
applied between principals and agents
binds the principal as of the time of the
performance OF the act by the agent, but
cannot affect the rights OF third parties
intervening in the meanwhile;i as
in this case, the persons desiring
the opening of the street had
acquired the right to have it
opened and the council had acquired
jurisdiction to proceed with the work
before these ratifications came into ex-
istence. While this protest, in my opin-
ion, is legally insufficient, yet it may be
considered for the purpose of ascertain
ing the sentiment of the property own
ers as to whether or not they desire tine
street opened. Inasmuch as many legal
questions will arise (about which | may
be- mistsken) and much litigation will
ensue in case you proceed under the
ordinance, and inasmuch as large num-
Der OF the property owners, who would
be most benefited by the widening, have
protested against the came, and the de-
lay which will necessarily ensue in de-
termining the legality of the proceedings
will stop the construction OF the build
ing to be erected by the German-Amer.
ican Savings bank, / am OF the opinion
it would be better to abandon the
widening Of this street under the pres
ent proceedings.
In the matter of the cemetery near
the intersection OF Ninth street with
the line OF Figueroa street as shown on
the Hancock map, before 1 can tell
whether the city has parted with its
title thereto and whether said cemetery
can yet be used for burying purposes it
will be necessary for re to have a COM
plete abstract of the property.
/ have prepared and herewith present
draft of contract and bond with U. G..
Baldwin for the construction Of cobbie
cutters on Hope street between Sixth
street and the south line of the Normal
school grounds.
AS instructed by you have prepared
and herewith present the following or
dinances:
An ordinance appointing certain COM
missioners for the opening OF Sunset
boulevard.
An ordinance appointing commission
era for the work of widening Third
street.
An ordinance giving property owners
permission to grade Michigan avenue by
private contract.
An ordinance granting property own
ers permission to grade portion OF
Bridge street by private contract.
| have examined the ordinance pro-
viding for the construction OIL sewer
on Alameda street, between Third and
Shesrer streets, and find that the same
is legally drawn.
In the matter of the communication
OF the DOarQ oil supervisors III r6karu TO
the grading of Alameda street and the
diversion of storm water l recommend
that the game be filed.
Respectfully submitted,
@. NJ. FARLAND, City Attorney.
FIRE ALARM APPARATUS.
The matter of adoption of the report
of the board of fire commissioners that
the Gsmewell system of fire alarm tels-
graph boxes be adopted, at a cost OF
$2765. was taken up.
Mr. Munson said that the city was
growing rapidly, and there were scores
OF districts about the city where there
were elegant and costly residences and
not fire alarm box within mile oil
them.
Mr.. Brodrick said the Gsmewell ap-
paratus had superseded all others In the
eastern cities on account of its simplicity
and easiness to keep in repair.
Mr.. Innes inquired If this adoption oi
the Gamewell aystem contemplated do.
ing away with the present system OF
merely the adoption of the Gamewell
system? If $2700 was all that was asked
that was all right, but to come in here
and ask for $4,000 more in the next
three or four years was something he
could not support.
The matter was debated at some length
and the recommendation adopted.