The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-07-20
HARRISON'S TURN.
He Explains the Eighth
Street Contract.
The Superintendent Lays the Blame
for Accepting Bad Work on
the City Council.

The City Council and particularly Mr..
Dalton Of that body has been pressing the
Superintendent of Streets pretty hard in
the matter Of bis acceptance of poor work
in macadamiZing Eighth street, and on one
occasion the Council had Superintendent
Harrison before i: for au explanation. but
Mr.. Harrison did not explain. lie now
addresses the Board of Public Works as
follows on the subject:
To the Honorable Board Of Public Works %
the CitU of OdklGnd-GENTLEMEN: | have
been handed by the secretary of your board a
communication from your body lDclOsing cert-
fed COPY OF Resolution No 20O59 passed by
the Civ Council June 25, 1894 which resolu-
ton refers to affidaVlts and petition accompany
ing the same, and recites that charges nave
been made against me as superintendent oil
Streets.
From a careful examination Of the resolution,
petition and at1idaVts, the only specific charges
made against me seem 70 be:
Fhst-That l did ignore petition and pro-
tests and accepted the work OF grading curb
ing and matchmaking Eighth street, from
Marx ct TO PeTalta.
Second-That without respect to The tax
payers apd without any desire 10 have he bad
work pointed out 10 me- told some persons,
whose names are not mentioned, that "they
were kickers and that Eighth street was The
best macadamized street in Oakland"
Third-A general statement or assertion OF
incompetency in Office and neglect of duty,
without specifying how or IN what respect
other than as ABOVE mentioned.
will answer these charges in the inverse
order. First as to the charge Of incompetency
in office, and neglect of duty. or malfeasauce
In Ottlce-Wlthout any SPECIFIC charges or state
ment made by any one showing IN what respect
| AM incompetent or neglectful, il is hard for
one 10 answer The same, further than TO submit
my office and my record TO the fullest inVestiga-
ton. examination and inspection by your hon
Orable body.
AS to he second charge, / deny being disre-
spectful to any taxpayer upon any easOnable
matter connected with my office, but probably
did say TO some people who came to me long
after the work on Eighth street had been &C
cepted, and my Official connection Herewith
ended, that they were kickers. and that Eighth
street was tie best macadamized street In Oak
land.
As 10 the first charge made. let me state the
facts On the Stn day OF May, 1898, the City
Council ordered certain street work under the
sO-called Nr0oman street law. wit, the grad
ing, curbing and matchmaking OF Eighth
street from Market TO Peral a. All proceed
lngs under the Nro0man street law are had nd
done under direction from the City Council.
No Inspector was placed upon the work by this
office. representatives from this office watched
the work as 1t was being done, found that the
proper quality OF rock was being used on the
street and OF tile depth before rolling as re-
qulred by the specifications; watched the con-
tractor lime and again riX the materials for
the cement curbs and found that they were
then being mixed in the proper proper
tons as provided by the specifications; we
received the duly authenticated certificate
from the City Engineers office that the
work had been done 10 the satisfaction of that
office, saw hat the street was properly rolled !;
the engineers certificate shows that it was
brought 70 grade. And finding that the mate
rials used complied with the specifications. that
the work had been done according 10 the re-
quirements of the resolution OF intention and
The specifications therefor, | accepted the same
aud issued the warrant assessment-rOll and
diagram, in conformity with the street law,
which warrant, assessment-roll and diagram
is my official act by which / showed
that had accepted the street. Ny official con.
nectiOn with the work ended. for The time being
al least, when there was issued from this Office
the warrant, assessment-roll aud diagram.
Thereafter the only BODY having jurisdiction TO
remedy or correct mistakes or errors was the
City Council.
Under section IL of the street law certain
prOperty-OwDers did appeal to the Council
claiming that they were aggrieved by acts or
determinations OF mine as Superi0tr nd6nt of
Streets and that the work had not b. per-
formed according to the cODtract-in good
and substantial manner. The section then pro-
vides:
Upon such appeal the said City Council may
remedy and correct any error or informally in
the proceedings and revise and correct any of
the acts or determinations of the Superin-
tendent OF Streets relative to said work NAV
cOnflrm, amend, set aside, alter, modify or cor
rect the assessment. All the
decisions and determinations OF said City Coun-
ell, upon notice and hearing as aforesaid, shall
be final and conclusive upon all persons enti-
tied TO appeal under the provisions OF this sec
Ilon as to all errors. informalities and irregu-
laritieS which said City Council may have RENE.
died and avoided"
1t has been held by our Supreme Court time
and again, as late as June 10. 1894, in the case
OF Bowling VS.. Commit that as 10 all matters
City Council, the determination upon that ap-
peal is absolutely final and conclusive.
The appeal TO the Council was made upon the
same charges and objections now made here.
that the work on Eighth street was accepted by
me when 1t had not been done IN accordance
with The specifications and the contract. Did
the City Council sustain the objections? Did
they set aside the assessment? Did they sus-
tain any OF the objections maze by the propertv-
owners? The record shows that on May 81
1894, the CITY Council by vote OF ayes
10 noes ratified, confirmed and approved
the assessment, warrant and diagram for
this work, so made and issued by me the 10Th
day of January. 1894. without any change,
modification or correction thereof thereby rali-
lying. confirming and approving all The acts,
determinations or proceedings OF the Superin-
tendent OF Sire Is in the premises, which in
cluded the official act OF the acceptance OF the
street, such acceptance being a condition pre-
cedent TO The making and issuance OF the as
sessment, warrant and diagram. Such decision
and determination OF The Council is nv law
made final and conclusive. That being so my
Official acts as TO acceptance of the work on
Eighth street, as complained of in these resOlu.
tions, has been ratified. confirmed, approved
upheld and sustained by the only BODY author
lied TO finally review, correct, modify or con.
firm the same.
l am ready and willing TO attend upon your
honorable board at any time In any inyesli-
CATION OF any of my official acts that your
board may see fit to institute. | have always
endeavored to do my duty as Superintendent of
Streets 10 the best Of my ability, and am not
ashamed OF my ability as such. l am always
ready and willing 10 answer for II to the proper
tribunal and in proper manner, and as your
honorable board may direct
Respectfully submitted.
L. G.. HARRISON
Superintendent OF Streets of the City OF Oak
land.