The record-union., 1894-08-07

Some old bills of the EUe1eing NeUs for
advertising were referred to the City At
torney.
Corporation Counsel Devlin's opinion
on the claim of Auditor Young was read,
as follows:
TO the Board Of Trustees: have your
request for an opinion as TO the validity
of the claim of J. d. Young for 1910 for
services in extending the assessment roll
for last year, and IN response / beg to say:
l. Section 104 of the city charter says:
"All taxes assessed before this charter
takes effect must be collected at the time
provided fof, and under the laws IN force
az the time the assessment was made, and
ali such taxes shall be valid and collect
ible the same as if this charter had not
been adopted"
This section is intended only to insure
the validity of the tax. and provide that a
change in the municipal government
shall notinvalidate the tax. 1t has nothing
TO do with the compensation to be paid 10
any officer or person, and any person
claiming compensation must found his
claim upon some other section.
2. By an Act OF the Legislature of this
State passed March q, 1874 it was pro-
vided in Section 2 that 1.-THE Board of
hereby authorized and empowered to
allow the City Auditor such compensa-
ton as they may deem just and reason
able for extending the assessment roll of
the city, not to exceed $500 Tor any one
year, in addition to the salary pro-
vided in Section l of this Act"
Under this section Mr.. Young has pre-
sented claim for S375, claiming that he
is entitled to three-quarterS OF $500 for
the three-quarters of the year up to
January l. 1894. Such claim cannot be
sustained. Even if this act was still in
force the Board of Trustees are not COM
PEELED to pay anything. The Act gave the
board power to give him, the Auditor
under the old charter, an extra compen-
sation if they so desired, in any sum
from one cent to $500, the board fixing
the sum at what they considered proper.
But SO far as compensation provided for
in this Act is concerned, it was repealed
by the new charter.
The only question in the case is: Was
it the duty of the Auditor under the
present city charter to do the work of ex-
tending the assessment roll? If it was
his duty to do so he cannot recover extra
compensation. If it was not his duty to
do SO and he performed work that he
was not called upon TO perform, he may
recover reasonable compensation there
for.
In examining the new charter as to the
duties of the Auditor, there seems to be
an entire omission as to any duty in this
matter. Section 79 OF The charter pro-
vides that the City Auditor, as soon as
the assessment book is delivered to him
by the City Clerk, must proceed to add
up the valuations, and enter the total
valuation OF each kind of property and
the total valuation of all property in the
assessment book, and must before the
third Monday in August report state
ment thereof in writing to the Board OF
Trustees.
But this assessment evidently does not
apply to the assessment roll of last year.
1t seems to have been assumed by the
charter that the assessment roll for last
year would be complete practically
when the new charter went into effect.
But it had to be extended so as to max ke it
valid, and the new charter does not seem
to have made 1t anybody's duty to do the
work. 1t could not be done by the Auditor
under the old charter because he went out
of office in January.
AS there seems to be no provision re-
quiring the Auditor to do this work, it
seems to me that he was not compelled
to do it, and if he did the work he is en-
titled to a reasonable compensation
therefor. He is not, however, entitled to
any compensation fixed by law, because
all laws in that respect have been repealed
by the new charter. He is entitled only
clerk ii you had employed one your
selves. and you should determine what is
reasonable.
Under the old charter the practice grew
of allowing the Auditor an extra sum of
$500 as part of his salary. You should
not be governed by any such considera-
ton in this case. but simply by the value
of the work.
/ had occasion some time ago to pass
10 oil i'm nf 4 OK fnr
pensation in collecting taxes. / came to
the conclusion that he was not entitled to
anything, because under the charter it
was his duty to collect all taxes, and if
the extension of the roll was the Auditors
duty, the same conclusion would be
reached. But es l cannot find it his duty
my conclusion is as above stated.
Under the present charter 1t is unneces-
sary to extend the roll, and this question
will never again arise.
ROBERT T. DEvLIN,
Corporation Counsel.
The matter was referred to the Finance
Committee.
SEWER PLANS.
NJ. K. Miller of Oakland then ex-
planned his plans for a system of sewer
age for the city. 1t comprises a brick
sewer fifty-eight inches in diameter at
the outlet and forty-eight at Seventeenth
street. running up the alley between Il
and 5 streets, wish a sewer on Tenth
street and various laterals, to cost, with
pump and machiney, 500, 200.
He advocated pumping the sewage over
the levee rather than through it, because
he had been informed that there was a
prejudice mere against puncturing the
levee. AS a matter of act it is perfectly
safe to go through the levee. 1t would
cost little more, but the pumping could
be done more cheaply, as lifting so high
would be avoided. He had figured on 40
per cent. of of list prices on sewer pipe.
Competition is so great that for the thirty
five miles be was connected with in Oak
land he got discount OF 90 per cent.
The manufacturers might, however, form
a combination and raise the price.
The grade OF the sewer, according to his
plans, would be much better, and pump
ing cheaper than if the pump was placed
at street. and it would take less pipe.
His plan also contemplated suction pipe
to take th water out of the sewage lakes.
He also contemplated in connection with
his plan flush tanks in the mani holes.
Mr.. Miller stated that he was educated
as a civil engineer at the Rose Polytechnic
School, and the Kansas University, and
almost grew up In connection with the
Santa Fe road. He has been extensively
engaged in engineering on this coast, had
overseen the building of sixty-two miles
of sewer in and near Oakland, and had
made a study of sewers.
In answer to a question he said the best
way to ventilate sewer was through the
manholes with perforated covers, and
sewage plant would have no more odor
than any manhole on the sewer.
MISCELLANEOUS.
The amended ordinance fixing water
rates was read and passed.
4 communication from the Water Col
lector was read, stating that there was
division of opinion between himself and
Messrs. Farnsworth, Ryan and others
in regard to the time for assessing irriga-