The record-union., 1894-10-03


matter, Mr.. DeyIin says:
party suing the city serves the
papers upon the Mayor, and by doing so
gives the court jurisdiction over the city.
me mayor has power 10 make defense
Ior the city, and if he sees proper not to
turn Inc papers over TO the city's legal
representative, and to make no defense,
tne court has no alternative in that case
out TO render judgment, and such judg-
ment would be valid until set aside. If,
however, the Mayor should corruptly
taKe this course, or consent to judgment
against the city when there was no cause
OF action, the Board OF Trustees, in my
opinion, would have power TO make a
motion to have the judgment set aside,
that they had a good defense to the ac-
ton.
III he allows case to go by default be-
cause he thinks there is no defense, that
is his judgment as an official, and think
would bind the city unless very strong
showing could be made that be acted
fraudulently. Whether suit shall be con-
tested or not must depend upon some
body's judgment-either upon the
Mayors Judgment or that of your body
and 1t seems to me that while the Mayor
mas no absolute power to bind the city,
yet, II he sees tit to do so, it will take a
very strong showing to set it aside, and
1t would be necessary to show that be
acted corruptly, or at least improperly,
Tor the purpose OF giving some individual
an unjust advantage against the city. If
this could not be shown, do not think
the court would set aside a Judgment
where the Mayor had admitted the allie
cations Of the complaint and said that the
city had no defense.
My view may be made palmer by TAX
ing the case OF a corporation. Ii person
GhOnlH Gla hor MI .
upon the Cashier, and he should suffer
default, the plaintiff would be entitled to
Judgment. If the Cashier acted fraudu-
lently or improperly, the Board OF Di-
rectors might move to set the judgment
so obtained aside. But the bank would
on such motion, have to make an affidavit
of merits and show some cause why the
judgment should be opened. So the
Mayor is the agent of the city of Sacra-
mento. Service upon him binds the
city. Judgment obtsined by his de-
fault or by his admission binds the city
until set aside. 1t can be set aside only
by motion and on strong showing
that his action was improper"
He then read the answer to the COM
plaint in the suit of B. U. Steinman,
Mayor, VS.. j. ID. Young, Auditor, in
which the Mayor has enjoined the Aud
ltor from paying the claim of James
Phinney for work done on the levee. He
said that he occupied a peculiar position
In the matter, it being a case between two
city officials and involving the powers of
the Board of Trustees, and he suggested
that it might be we'll for the board to en-
ploy counsel to assist him,
Devine said he had full confidence in
Mr. Devlin, and that it was no use to put
the city to extra expense.
M'KENNA'S LICENSE.
Mr.. Devlin rendered an opinion on the
subject of James Mckenna's application
tor license to keep a saloon at Fourth
and q streets, saying that it was simply a
question of fact for the board to deter
mine, as to whether he had abandoned
his business or not. The fact that his
stock Of liquors had remained would 90
to show that he had not.
The committee to whom the matter was
referred reported in favor of McKenna.
aud the report was adopted.
Trustee Tozer in the chair.
THE CITY LIGHTING BILL.
Kent reported that those who had seen
the electric light out during the time for
which the company's bill is disputed did
not seem to wish to testify, and he there
ported. For the past month, however.
he bad plenty of evidence to present at
the proper time.
COMMITTEE REPORTS.
The matter Of the improvement of the
Y-street leYee, at Front and Third, was
laid over till next week.
Devine reported that the gutter and the
roof of the blacksmith-shop at the Water
Works was about give out, and he moved
that the Building Committee be empow-
cred to have it repaired at once 1t was
SO ordered.
Pennish suggested that the committee
get two or three men to bid on the lob.
and thought the city would benefit by il.
The roof over the boilers, also, is badly
in need of repairs, and the north wall
has parted company with the others. He
suggested that the Surveyor be in
structed to prepare specifications for bids,
Bragg said he had examined the roofs
and wall and they need repairs badly
The City Taper also wants sky-light
and he moved that the Surveyor prepare
specifications and that bids be advertised
for.
A motion to rescind the vote by which
Devine's motion was carried was de-
feated, and Kent renewing Bragg's mo-
ton, it was carried.
Kent moved that the board go over at 2
p. NJ. to-day to the levee at the mouth of
the American River and examine into the
merits of an offer made by Mrs. Pierson.
The motion was carried.
Leonard moved that the building COM
Kent thought the lease included the heat
ing of the rooms, but Leonard said there
was an 'ip' in 1t, that rendered il doubt
ful if it would be done.
The motion was carried.
MRS. HOLMES CLAIM,
Wachhorst moved that Mrs. Holmes
bill be referred to the Mayor with power
to act.
Leonard opposed it vehemently, as be
did not think when he moved that it be
referred to the Mayor that it would ever
come back TO the board. The city can
pay no such bills.
Bragg and Devine also opposed it. and
Wachhorst championed the lady's cause.
The motion was lost, Wachhorst, Davis
and Peunish voting aye.
THE Y-srREET PUMP.
Pennish referred to the condition of the
Y-street pump, which needs repairs
badly, and said that something should be
done. There is only one pipe, too. and
there should be another, as it is INSULT
cient. The old pipe cost IS, 900, and new
one will cost all of $4,000 He urged that
the board get new engine and a thirty
inch pipe.
Leonard said that Mr.. Wolf thought re-
pairs could be made for 800 to the engine
so that it would handle the water as il
was done last winter, but he agreed with
1enDlSu. n bS" plp0 10 ESeu6u, ana
there should be an engine that will ham
die the water to advantage.
Devine said that portion of The city was
flooded last winter and the sewage should
be taken care of.
On motion of Leonard the Sewerage
Committee was empowered TO have the
engine repaired, anu also to report on
plans for a new engine and pipes.
Devine moved the Clerk be ordered TO
advertise for bids for the culverts on the
Y-street canal.
Pennish said that the levee fund was
very low, and the bridges could be re-
paired so as to be safe for several years.