The record-union., 1894-03-06
perience teaches us that he is ver-paid
for his services.
B. L. STEINMAN, Mayor.


Or. }. Ii. Parkinson as a member of the
Board of Health and Nj. III. teatherston
as Assistant Foreman of Engine Com
pany No. /, ana one stating that he had
notified the Central Electric Railway
Company TO remove the loose rails from
the streets and inclosing letters received
from them.
The letter from Mr. Kingsbury, the
uperintendent, stated that he had had
the rails piled up out of the way. He ex-
pected to commence next week, and if
the rails were entirely removed it would
add considerably to the cost of the work.
III any further postponement of work
should take place they will be removed.
A letter from IL. Z. Livermore, of the
Sacramento Power and Light Company,
stated that the rails had been placed there
to be handy to the work of laying them.
The unfavorable weather had interfered
with commencing the work but it will
soon be begun now.
Mr.. DeVlln also read a communication
stating that the Mayor had received a
letter from Grove L. Johnson, the attor-
ney Ior the city in the case Of Lincoln VS..
The City OF Sacramento, which he trans
mitted to the board.
Mr.. Johnson's letter, which was long
one, recapitulated various circumstances
IN the litigation, and expressed the opin-
ION tnat the city could win the suit on
an appeal.
THE BOARD LOCKS HORNS.
a petition, largely signed by residents
IN the vicinity OF Sixth and | streets, was
received demonstrating against the grant
ing OF license to keep a saloon at Col L
street, for the reason that there are al
ready three within 100 feet of that place,
and another would destroy the desirable
ity Of the block as place of residence.
of Dnli AI1AT Ion hnh III
examined into the matter and found that
there was very strong feeling of Opposi-
ton among the residents of the block,
and be had therefore not made any re-
port recommending or otherwise the
granting OF the license.
Trustees Kent, Leonard and Wachhorst
said they had known Mr.. Costello, one of
the petitioners, for long time. He had
kept saloon for several years and al
ways kept an orderly place so far as they
could hear.
ii. u. SouIe, attorney for the petition
ers, said that Frank ID. Ryan, Frank Il.
Johnson and the other county officers,
men Of standing, had signed the petition.
Those on the remonstrance were many Of
them not taxpayers, and some OF them
resided on the opposite side of the street.
Their remonstrance should not stand as
against the names OF the officers named.
Trustee Devine said he thought the
wishes of the people i'll the vicinity
should be respected. They lived there
night and day and the county officers did
not.
Trustee Bragg, in whose ward the pro-
posed saloon is situated, said he had
looked into the matter, and the residents
almost unanimously objected to it, and
he decidedly favored respecting their
wishes.
Trustee Wachhorst moved the license
be granted, and Trustee Davis moved to
amend by laying the matter over one
week. The amendment was lost, Davis,
Bragg, ToZer and Devine voting to lay
over.
The granting of permission to keep the
saloon was also lost, Bragg, Tozer and
Devine voting against it and Davis and
Leonard declining to vote.
CITY ATTORNEYS OPINION.
An opinion from the City Attorney was
read pointing out the steps necessary in
order to submit to the people the question
whether the sewers, cesspools and pump
inc plant referred TO in the resolution
passed on February 14th should be put
into operation or not, and also as to the
right of sacramento to pump its sewage
into the river.
He held that the sewer question de-
termined on by the ordinance passed
the next regular or adjourned meeting
after such publication an ordinance must
be passed by two-third vote and ap-
proved by the Mayor.
1t must call for a special election sub
mitting to the voters the proposition for
incurring the debt for constructing the
sewers. ceSspools and pumping plant. It
must recite the purposes for which the
Indebtedness is to be incurred, estimated
cost. necessity OF constructing, and that
bonds of the city shall issue for the pay
ment Of the cost, if the proposition shall
carry.
1t must fix the day OF the election, man
ner of holding 1t, and voting for or
against the proposition, and notice must
be published once a day for at least ten
days before the election, specifying the
purposes for which the Indebtedness is to
be incurred, number and character OF the
bonds, rate of interest to be paid, and
amount of tax levy required for pay
ment.
In regard to the right of the city to
pump sewage into the river, if the sewage
would pollute the water to such an eX-
tent as to impair the value Of the water
for the ordinary purposes of life and to
the injury Of people living below the city,
an action would lie against the city. If
the water we're not used for the ordinary
purposes of life, and yet if the pollution
were of such character as to disgust the
senses of people living along the banks
OF the river, an action would lie.
It would not be defense on the part
of the city that public convenience or
public health requires that the sewage be
bumped into the river, or that other cities
did so.
If the deposit Of sewage would essen
tally impair the use of the water an action
would lie to restrain such deposit, but if
the pollution were immaterial, no action
would lie.
1t may be that by pumping water into
the river the city has acquired a right to
do so, but if the amount be increased, an
increase of pollution from increase of
sewage would give rise to cause of ac-
ton against the city.
He was not prepared to say what injury
would result to the people below the city
by pumping all the sewage of the city into
the river, but was strongly of opinion
that the injury would be sufficient
cause of action if the river water is used
by any considerable number of people for
domestic purposes.
CIRCUMSTANCES.
A remonstrance against improving
Seventeenth street was referred to the
Street Committee, to find out whether the
majority of the property-owner were
represented on 1t.
Remoustrances against the improve
ment of Eighteenth and Nineteenth
streets were also read and similarly re-
ferred.
w. T. Steinmeyer and James McKenna,
property-owners on the alley between O
and p, Fourth and Fifth streets, pre-
sented a petition asking that it be mac
adamized. and stating that it was almost
impossible in winter.
4 remonstrance presented against it
~. j 80 ( =
a remonstrance received against the
Improvement of the alley between II
and l, Eleventh and Fourteenth streets.
was also referred to the Street Commit