The record-union., 1894-05-29


by the ordinance for that purpose then in
force, and report the same to the City Col
lector, VINO shall accept such report as the
minimum sum to be collected, ana make
collection of water rates accordingly. and
shall not have power to make reductlon
from the sum so reported, but may col
/ lect greater sum whenever he shall dis
cover that any sum so fixed is less than
| that properly collectible. And further,
| that no reduction shall be made in any of
| the amounts 10 be collected as reported by
! the City Water Assessor unless by order
of the Board of Trustees.
1t would seem from this provision that
| neither the Committee on Water Works
nor the Board of Trustees have any
concurrent jurisdiction with the Water
Assessor, but their jurisdiction is of an
! appellate character, in the exercise OF
which the Board of Trustees are author
lied to review the actions of the Water
Assessor when complaint is made to il by
a citizen.
D. Section 2 of the proposed ordinance,
would in effect create, in addition to the
office of Water Assessor, the Office of
Committee on Water Works. But as the
power is relegated TO the Water Assessor,
the Board Of Trustees cannot take away
that power. or compel the Water Assessor
TO act in conjunction with other persons.
8. Section of the proposed ordinance
ordinance as follows: by flne of not
less than SIS nor more than S25, and by
Imprisonment in the City Prison until
the fine is satisfied, at the rate of one
days imprisonment for every 81 Of such
tine." This section would be imperative
because it is in conflict with Section
l205 Of the Penal Code, which provides
that where fine is imposed it may be
satisfied by imprisonment, but the inn
prisonment must not exceed one day for
every 81 of the fine.
Z. There are other serious objections
which present themselves TO me, but l
deem the foregoing sufficient Respect
fully submitted,
B. U. SrEINMAN, Mayor.
ANOTHER VETO.
To the Board of Trustees: I herewith
transmit to your honorable body, with
my disapproval indorsed thereon, Ordi-
nance No. =. providing for the collection
OF water rates.
My reasons for disappearing this ordi-
nance are as follows:
!. am OF the opinion that the provis-
ions OF Section l, which provides that the
Committee on Water Works may author
ize the collection Of water rent from the
occupant of business premises, is uncon-
| stitutiOnal, because it delegates power
and authority to the Committee on Water
| Works, which has no legal right TO eXer-
else discretion. The charter has cre-
ated no such committee, and no such Of
| flee has been created by ordinance. The
rules OF your body provide for the exist
ence of such a committee, but the powers
| of such committee are limited to purposes
of investigation and examination, and
the subsequent making of advisory re-
ports. The charter expressly provides
that it shall take five affirmative votes for
the final transaction of business. 1t fol-
lows, therefore, that a committee Of three
can have no power or authority so as to
avoid the effect of this provision. The
Board of Trustees must act as a body and
not as individuals. \ committee is sim
ply an assemblage of individuals. The
acts of the Board OF Trustees must be
shown by its records.
2. Section sprovides: 'If the amount
due for water rent is not paid to the City
| Collector at his office, or within thirty
days after the same shall become due,''
etc. The word due" at the close of the
sentence is undoubtedly misused for the
word delinquent"
a similar ordinance to the one under
| consideration was passed by your board
some months ago and vetoed by me. The
reason given in my veto message of that
ordinance will apply to the present ordi-
nance in many particulars. and l refer
you to the same. l do not believe that
the premises OF a person who is not in
default TO punish another person who is
! in default, and l do not think it is wise
| legislation to enact such Jaw. A per-
son who pays his water rent has right to
receive water from the city, and | know
of no law that will permit the city TO pre-
vent q person from receiving water SIM
ply because his neighbor will not pay his
| just bills. The same result l think, can
! be obtained in other ways, as explained
/ in my former message above referred to.
L am Of the opinion that Section con-
| tanning the penal clause is imperative,
for the reason that it is not embraced in
the title OF the ordinance as required by
the provision of Section IA of the charter.
Respectfully submitted.
b. y. STEINMAN, Mayor.
ONE APPROVED.
To the Board OF Trustees. l hereby
notify your honorable body that on the
I'D day OF May, 1894, L approved Ordi-
nance No. 343, entitled IAN ordinance
authorizing the Mayor to employ an at
torney-at-law in addition to the City At
torney," and filed the same with your
clerk the same day. Respectfully sub
mitted, b. y. STEINMAN, Mayor.
DEvLIN EMPLOYED.
10 the Board Of Trustees: / have to
inform you that on May %, 1894, pursu-
ant to law, 1 employed Robert r. Devlin
as an attorney -at-law in addition to the
| City Attorney, whose duty it shall be to
advise the city officials and attend to all
! civil suits and other matters in which
the city may be legally interested, at a
salary of SI25 per month, and, on behalf
| of the city. entered into contract with
him on that date which was afterward
| amended so as to state the fund out of
which the salary should be paid, and
such contract is on file with the clerk of
your board.
have inserted in the contract a clause
that his employment is upon the express
condition that | may summarily dis
| charge him from the services of the city
at any time, and that thereupon he will
| deliver to me or my successor In office
all papers, documents and matters of evil
| dence in his possession or under his con-
troll. Respectfully submitted.
! Is. U. STEINMAN, Mayor.
GOOD SUGGESTION.
To the Board Of Trustees: Being in
formed that at your last meeting propo-
| sition was made to print 1000 copies of
the charter, desire to make the follow
ing recommendations on the subject:
Section 20 of the charter provides as
follows: "The Board of Trustees shall,
during the first year after its organiza-
ton under this charter, cause all ordi-
nances then in force to be classified under
appropriate heads, and shall provide for
the publication OF the same in book form.
Every officer of the city shall be entitled
to one copy of such ordinances without
charge, and every citizen applying for a
copy shall be entitled to the same at the
cost of publication. The board shall.
every five years after the publication, as
herein provided, cause all the ordinances
! at that time in force to be compiled. and
shall publish the same subject to the
terms and conditions herein expressed.
| The board shall also, at the end of each
year, except for the years above provided
for. cause to be published in pamphlet
form all ordinances passed during said