The record-union., 1894-05-26
CHEAP MACADAM.
The City VIII Probably Crush Its
Own Rock.
Electric Lights Soon to be Put Up
Harris Bill Again-Street
Improvement.


were present. President Lawton not be-
ing present, Trustee Tozer was elected
temporary Chairman.
The following communications from the
Mayor were read:
LAUNDRY ORDINANCE VETOED.
TO the Board Of Trustees: I herewith
transmit to your honorable body. with
my disapproval indorsed thereon, Ordl-
nance No. =, entitled IAN ordinance
regulating the establishment OF, main
tenance and carrying on of public laun-
dries and washhouses within the limits OF
Sacramento"
My reasons for disappearing the ordi-
nance are as follows:
The business of conducting laundry
is just as lawful as any other business,
and consequently where ordinances plac-
ing restrictions upon the conducting OF
laundry business have come before the
courts for consideration the courts have
decided that while a city may prescribe
proper means for drainage and for pro-
lection from fire and such other matters
as are incident to its police powers, yet
these restrictions must not be arbitrarily
dependent upon the whim of any indi-
Vidual or be OF such character as TO pre-
vent any person from conducting this
business. The courts have drawn dis
tlnctlon between ordinances concerning
laundries and those regulating the liquor
traffic.
Now, viewing this ordinance with ref
erence to the decisions of the courts, it
appears that ii is impossible for a person
10 know whether he is engaged in law
ful business or not. The ordinance pre-
scrlbes no definite plans that he must fol-
low; 1t does not show what kind of
drainage he must have, nor how he must
conduct his business SO as not TO inter
1ere with the sanitary condition of the
neighborhood. The determination of
these matters is left with the Health Off
Ger. 1t is not specified how heating ap-
pliances of the washhouSe must be con-
structed; but the fact that they are In
good condition, and their use is not dan
gerous to the surrounding property, IS
left TO the decision of the Chief Engineer
OF the Fire department.. In other words,
whether person may or not conduct
laundry business, is dependent not upon
his compliance with fixed and we'll
known conditions, but upon the judg
ment of the Health officer and the Chief
Engineer, which in one case may want
one thing and in another case another
thing.
Ii this ordinance be effective, then the
conduct of any business may depend
upon the caprice of some individual Off
Ger. In my judgment, such an ordi-
nance is unconstitutional. l believe, in
common with you, that it is wise to pro-
vide proper safeguards for the sanitary
condition Of laundries and to insure pro-
lection against fire, but these ought to be
drawn up in advance, and so specific that
any person may know what is expected
OF him, and should not be left TO the de-
termination of any officer which may be
as varying as the wind. For these rea-
sons l am constrained to believe the ordi-
nance is unconstitutional.
The ordinance provides that person
shall not carry on the laundry business
without the permission of the Board of
Trustee. Outside of the few highly in
furious classes of business and manu-
featuring the Board OF Trustees have no
power to prevent a man carrying on a
lawful business. They have right to
make reasonable regulations upon which
a lawful business may be conducted, but
they have no power TO say that one in
dlvidual may conduct a lawful business
and another one not.
| wish to add that l am so particular in
this matter because l approved some
months ago similar ordinance which
was declared unconstitutional by Judge
Devine, and which therefore became in
capable OF enforcement and l desire that
the ordinance drawn up on this matter
should be free f1om objection and one
that will be sustained by the courts. Re-
Spectfully submitted,
B. U. STEINMAN, Mayor.
SPECIAL POLICEMAN.
To the Board OF Trustees: 1 hereby
nominate and by and with your consent
I hereby appoint f. NJ. Ray TO be special
policeman for the locality bounded by
Second, p and r streets and the Sacra-
lnento River, which position was created
by your board on May q, 1894. Re-
spectfully submitted,
b. y. STE1NMAN, Mayor.
COAL TESTS.
Davis, of the Water Committee, re-
ported that the test had been made on two
OF the kinds OF coal offered in conjunction
with the bids for supplying the Water
Works, and the test for the third was
partially completed when the storm came
UP and interiered with the uncompleted
test. The committee were therefore not
prepared to make report until the test
of that kind OF coal had been made over
again.
SEWERAGE PLANS.
Pennish said he understood that the
board ordered that the advertisement for
sewerage plans should be inserted in a
San Francisco paper, as more engineers
would be likely to see it and submit
plans. He was informed that this had
not been done. He therefore moved that
it be so advertised.
After some discussion Kent moved as a
substitute that the time fixed for receiv-
ing plans be eXetnded from the 1lth to
the 10Th OF June. and that they be adver-
tised for ten days in the San Francisco
Examiner. The motion was carried.
STREET IMPROVEMENT.
J. NJ. Avery addressed the board on the
question of the improvement of Tenth
street, from q to b.
He asked the board to use their discre-
ton in behalf of the people on that street
who are unable TO pay for the improve
ment, which would amount almost to
confiscation in some cases. The bids, he
thought, were excessively high, and there
was. he heard, chance to get macadam
much cheaper than it can be got for now.
He requested the board either to declare
the work oil or refuse the bids and take
the matter up again in the course Of six
months or so.
Bragg said he understood that the Street
Committee had visited Folsom and inves-
tigated the matter of macadam. He
would like to hear from them what they
had found out.
Devine said that the committee had
talked with Warden Auli. Power would
be furnished TO the city free of charge,
and conviets could be furnished at about
ntty cents per day. There is an mex
haustlble lot OF cobbles where the crusher
would not have to be moved for seven or
eight years. He believed that If the city
would purchase a crusher and set it up
there, macadam could be purchased
cheaper than gravel. He thought that if
there is money, the city had better pur-
chase crusher and place it there.
Devine was requested to ascertain the
cost of crusher, and also If the city
could get the use of the ground and
stones where the cobbles are, The mat
ter was laid over till Monday night.
Tho contract for tha in,
the alley between X and l.. EIGHTH and
Tenth streets. was awarded to A. i. Rosa
for 81. .3Sl IS.
That for improving the alley hetrueen