The herald., 1894-12-11
A Large Amount of Business at
Yesterdays Session.
Two Mexicans Arrested for the Chan.
man Ranch Murder.
The Omcsrs Think They Have Caugh,
tho Murdersrs-Dams Evi-
donos-Local Events.
Personals.

and there was q good-sized audience in
the lobby.
Tho city recorder matter came up,
but there was no further action taken
towards declaring the Office vacant. The
report Of the city attorney was listened
to with close attention, and ordered
fled. After reading the decision OF
Judge Shaw in tho case. Mrs. Arthur
gave his opinion AZ follows:
To the Board OF Trustees of the City OF Pasa.
dena:-
GEETLEMEN AT your last meeting
you referred to me the question 40 to
whether, under the present existing cir.
cumstsnces, your board is under legal
obligation to remove the present city re.
corder and appoint j. H. Merriam to
the position.
have given the matter very careful
consideration and have asked Judge
Merriam for any points or authorities
which he may have to sustain such a DO.
sition.
Ever eince tho day that Judge Mer-
riam refused to take the position OF city
recorder unless he be allowed to dictate
his own salary have taken q position
that the statute which SAYS that the
board Of trustees shall appoint city re.
oorder who 10 . justice OF the peace OF
the township is directory merely. and in
no sense mandatory. Some of the pres.
ent members of the board remember
this fact we'll and know that l advised
the board at the time that it had the
power to appoint some other person aa
city recorder. At first my position was
ridicnled by many lawyers and it was
finally taken to the courts. After full
and fair discussion OF the whole qnes.
tion by both sides. with Attorney Gen.
eral W. H. II. Hart, assisted by Hon.
w. T. Williams, arguing ON the o.her
side of the question, it was decided by
Judge Lucien Shaw of the superior
court Of our county, in an opinion
which will read to you to-day. In
this opinion you will see that Judge
Shaw expressly decides that the provis.
ion is directory merely and not manda.
tory.
l understand Q directory statute to be
one which is considered as giving direc-
tions which ordinarily ought to he fol.
lowed, but which does not limit the
power to which the direction is given,
80 that it cannot effectively exercise the
power without observing the directions.
In other words that it 10 merely ad.
visoy and that tha- advice may be fol-
lowed or not, in the discretion of the
power to which the direction is given.
This position 10 fully sustained by Judge
Cooley in bis work on constitutional
limitations at page SO. Hence l come
to the conclusion that Q directory stat.
ute may be followed or not in the din-
cretion OF the power exercising it..
In one place in his opinion Judge Shaw
does say: "It is the duty Of the trustees
to select one of the justices as city re-
corder." But after deciding in favor Of
the city and its then recorder. he adds
that 1t 10 mot necessary in this case to
decide that the trustees have the power
arbitrarily to appoint Q person as res
corder who 10 not justice of the peace"
So that it certainly cannot be claimed
that he sttem pied in any manner to de-
eide the question. The reason for this
is more apparent when it is remem bsred
that such q question was not before the
court. and judges are usually satisfied
with deciding what they have to and
letting other questions alone.
Judge Merriam. in his reply to my re-
quest for what authorities he might pos
sess. briefly refers to section S51 OF our
present charter and to the opinion OF
Judge Shaw, without giving any further
authorities.
But cannot agree with him that, in
any sense, it is the duty OF this board to
remove the present recorder, and to ap-
point one who 10 justice OF the peace.
On the other hand. 1t is my opinion that
the present recorder is legally entitled
to his Office and that this board cannot
be called upon to remove him. Respect
fully submitted, w. A. ARTHUR,
City Attorney.
Dated December 10th. 1894.
STREET IMPROVEMENTS.
Bids were opened and contracts
awarded for street work as follows:
For grading. curbing and guttering
Union street, from Fair Oaks to Pasa-
dena suenue-Dover & Fair, grading, IL
cents; curb. IL cents; gutter, Is cents.
L. @. Turner, grade. 1111a cents; curb,
IL cents; gutter, Is cents. Contract
awarded to Turner.
For improving Madison avenue, be-
tween Colorado and California streets
grading. IA cents; gutter, IA
cents. Hart. grading. IA cents; curb,
IA cents. Contract awarded to Hart.
For Lincoln avenue, between Fair
Oaks and Mountain street-Banbu bury,
grading, 80 cents. from Orange Grove to
Mountain; curb, % cents; gutter, IL
cents; grading sidewalk, cents. Sho-
walter, grading, 80 cents; curb. 27 cents;
gutter, IL cents; grading sidewalk, 10
cents. Contract awarded to Showal.
ter.
A petition to establish the grade OF
Myrtle place was passed.
A petition for 20 days extension ON
south Marengo avenue grading Was re-
peived and 10 days allowed.
An ordinance establishing the grade
of Galena avenue passed.
A resolution Of intention to grade CO.
lumbia street from Hill to Orange Grove
passed.
A resolution to sidewalk. curb and
gutter Columbia street ON the north
.ide, between Orange Grove and Fair
Jaks, passed.
;. A resolution to grade, curb and gntter
tarneld avenue from Illinois street to
'ity limits passed.
A resolution to grade. sidewalk, curb
md gutter Mary street on both sides
between Mary and Colorado street
passed.
petition to grade. curb and gutter
3elliountain avenue between Orange
irove and Fair Oaks was granted.
GENERAL BUSINESS,
Upon motion OF Mr.. Cox, electric