The record-union., 1894-09-18
CORPORATION COUNSEL'S OPINION.
An Ordinance for Filling Low Lots
Needed.
Committee on Officer Warner Reports
in His Fayor-Other Charges
VIII Be Preferred.

The City Board of Trustees met in reg
ular session last night, Trustees Lawton,
Wachhorst, Kent, Davis, Bragg, Devine,
Leonard, Tozer and Pennish being pres
ent.
The following messages from the Mayor
were received:
LITTLE LECTURE.
To the Board Of Trustees: At your
last meeting l returned to you, with my
disapproval indorsed thereon, because of
an error in the title, Ordinance No. -,
entitled AN ordinance to amend Section
IL OF Ordinance No. l3 of the city of Sac
ramento, entitled AN ordinance con-
solidatlng, revising and codifying the
ordinances OF the city of Sacramento
passed June II, 1872, relating to the
license for livery or sale stables. In other
respects the ordinance was acceptable to
me, and | SO stated. During the last
week the same ordinance with the title
corrected has been presented TO me. but
1t is not authenticated by your President
and does not appear TO have been passed
by your board.
When an ordinance is vetoed by me it
should either be passed over my veto, or
the veto should be sustained. The
authentication of your President and the
disapproval of myself are matters of
should be filed away and kept as a record.
When you desire to amend an ordinance
after it has been disapproyed by me- it
should be done by drafting a new ordi-
nance with the errors corrected.
L therefore refuse To act upon the ordi
nance as now presented to me. l request
that the same be corrected so as to read
as 1t originally did, and that the same
be filed as public record.
For the purpose OF assisting you so
that the ordinance can be passed without
delay, | herewith transmit TO you q new
ordinance upon the subject in which the
error complained of is corrected. Re-
spectfully submitted,
B. u. STEINMAN, Mayor.
SPECIAL POLICEMEN.
To the Board Of Trustees: Pursuant to
the order of your board, L hereby
nominate, and by and with your consent,
l hereby appoint the following named
persons to the following named posi-
tions:
the locality of the Southern Pacific COM
pany's shops.
John b. Freeman to be special police
man for the locality of the property of the
Garten Gold Cure Institute Company. at
sos @ street.
Charles Mcintosh to be special police
man for the locality of the property of the
pany, at Sixth and q streets. Respect
fully submitted,
b. u. STEINMAN, Mayor.
LOW LOTS.
Corporation Counsel, r. T. Devlin,
stated that a man can be arrested for
maintaining a nuisance, and forced to fill
his low lots by Furnishing him suffici-
entity, but the matter of the city filling
the lots is a difficult one to deal with. ii
40 To- ryxrin tha -
fill the lots, and said notice must be given
and certain steps must be taken. He
thought that resolution or ordinance
should be first drawn up, prescribing no.
tice TO be given. After proper steps
taken, lot could be filled and a test case
made. but it was doubtful then as to what
the issue will be.
Devine moved that the Corporation
Counsel be instructed to draw up an ordi-
nance and have the matter tested. 1t
was so ordered.
He also reported on some bills, the
legality Of which had been referred to
him.
COMMITTEE REPORTS.
Devine of the Street Committee re-
ported that 1t recommended sweeping
the streets by hand, employing four men
at twenty-five cents per hour to work
and oversee others, and that the city
should employ unemployed persons at
Leonard OF the Fire Committee re-
ported, asking further time for the inves-
tigation of j. +. Sullivan's case, and it
was granted.
He also said the fire alarm poles have
arrived, but no arrangements have been
made for hauling and placing them.
He recommended that men be EMPLOYED
at 81 90 per day.
Devine moved that the electrician be
instructed to hire five men at 81 80 per
day to put up the poles
Pennlsh moved to amend by referring
to the Mayor, but the amendment was
lost and Devlne's motion was carried
Devlne said the Art Gallery roof leaked
badly and as IL contains one of the most
valuable collections of pictures in the
country, steps should be taken immedi-
ately to fix it. so that it might be rem
dered secure before the rains commenee
On motion of Tozer the Building Com
mittee was instructed to confer with the
Trustees of the Museum Association ana
report.
Pennish said the Sewer Committee was
ready To report and suggested that it
meet to-day at 2 P. NJ. The committee
will so meet.
MRS. HOLMES CLAIM
Mrs. E. K. Holmes appeared before
the board, asking compensation for her
articles published in the J5.0peIJel ON
number of hop-growers. A letter was
read from I. b. Lovdal, saying that he
thought Mrs. Holmes should be COM
pensated.
Mrs. Holmes stated that Mr.. Lovdal
had carried out his agreement fully, but
the others had refused TO do so.
lie matter was referred to the Finance
Committee.
THAT CULVERT BILL.
Kent reported for the Levee Committee
that the culvert at Third and II streets
was completed, at a cost of S69 IS. He
saw by the papers that the Mayor had
commenced suit against him and ac-
cusng him of usurpibg his functions.
lie had not tried to do so. The matter
was referred TO the Levee COMMITTEES
with power TO act, and the minutes show
that TACT. de moved that the Corporation
Counsel and City Attorney be instructed
TO defend the suit, and it was so ordered,
WARMERS CASE.
Leonard OF the Police Committee. re-
ported on the charges against Special
officer Warner that the charges as to GER
tain remarks made III tho presence of
Messrs. Megerle and Poska were nran-
tically substantiated, except as to the use
of certain vile term, but that express
sIons unbecoming an officer and pentla-
man were used by him.
From his statement, partially cor-
roborated by j. w. Marsh, il does not an
pear that he failed to do his dntv as a
special officer. but on the contrary. took
such steps TO arrest the supposed bnrplar
as were proper and justifiable. Fur-
thermore, the Chief of Police and offieers
all commend Warner as a good officer
who has assisted the regular officers. and
has their confidence aud support, He
lay in wait for the burglar in the alley.
The committee do not think he would
hava baan iustifiad in breaking into tho