The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1894-11-14
SIXTH STREET suit DISMISSED.
The Railroad Company Removed Its
Scales.
VIII Election Day Offenders Have
Their Licenses Revoked .-Mon-
day Night VIII Tell.

heonaru ana DeVlne Delng present, ana
Tozer presiding.
The Water Committee, TO whom were
referred the case of James Woods, charged
by the Mayor with being intoxicated ON
duty, reported that they found the charges
to be true, but it was the first time it had
happened under the present board. They
recommended that he be suspended till
December LIST, and that rules for the en-
ployes, as prescribed by the new charter.
be printed and posted up.
The recommendation was adopted I'M
animously.
Kent presented a list of sidewalks.
which, he said,swere very bad, and asked
that they be condemned. They were the
south thirty feet of lot 2, NJ and n, Front
and Second; north twenty feet OF south
forty feet of lot 2, * and l., Front and
Second: north half of lot s. lot 3, west
fifty feet OF lot 4, and south ninety feet Of
lot ., NJ and n, Second and Third; east
thirty-two feet of lot 2. M and n, Filth
and Sixth: west side OF lot l, NJ and \,
Eighth and Ninth; south twenty feet of
north forty feet and south eighty feet of
lot 8, NJ and n. Fourth and Fifth; west
side of lot l, X and l., Thirteenth and
Fourteenth west half of lot 4, . and Il,
Third and Fourth.
kenps resolution was adopted.
Resolutions of intention to improve K
street, from Tenth to Eleventh, and
Eleventh street, from to L, were laid
over one week.
SIXTH STREET SUIT.
Devine said that he had waited on the
officials of the railroad and ascertained
that they were willing to plank the tracks
II the property owners VIII fix the side
walks on the other side OF the street from
l. to G. He therefore moved that the
suit of the city against the railroad COM
pany be dismissed. The motion was car
ried unanimously.
In relation to the request of the Relig-
ious Beneticence Association, he had in
vestigated various lots for their use in
breaking rock, and as he approved of
their object as an excellent one. he recon-
lnended that the city grant them the use
OF its ground on Front street between NJ
and n, which would interfere with no.
body.
Kent objected to putting up a shed on
Front street, and moved that the use of
the lot at =, Ninth aud Tenth streets, be
granted to the association for six months.
Devine withdrew his motion, and the
motion of Kent was substituted and was
carried.
G. {. Brown addressed the board, de-
nying that, so far as he was concerned,
he had wish 10 make money by sell
ing out to the railroad company. He
proposed to improve his property and
stay ON it He wanted 10 sec the city i'm
proved. He wanted the board to ask the
railroad officials not to run trains by his
house at the rate of sixty miles an hour
and shake the pictures off the walls OF his
house.
Kent moved that the Street Committee
wait on Superintendent Wright and ask
him that the engineers be instructed not
n a
rate, and the motion was carried.
REvoKING LICENSES.
W. a. Anderson stated that client of
his had received notice to appear and
chow cause why his license should not
he revoked for selling liquor on election
day. He supposed the board had right
to revoke every license in the city if they
wish, but it would be an arbitrary action.
He wished to ask if there was any COM
plant on file. He did not think the
board had any jurisdiction in the matter.
There is no law, State or otherwise, pro-
hibiting keeping saloons open on election
day. The State law only prohibits selling
or giving away liquor Oh that day. The
resolution passed by the board was Of no
effect and could not be enforced, as the
board has not jurisdiction to do SO, The
board, he presumed, was little touched,
especially by the press, as the fines i'm
posed were very small.
Davis moved that the subject be laid
over for week.
Kent opposed the deferring of the mat
ter. The men had been fined in the Po-
lice Court and he thought the board was
usurping the functions Of the Police
Court in attempting to sit in Judgment
on them now.
Devine agreed with Kent. He thought
the Police Justice had fined the men as
in his Judgment was best and the matter
should be dropped.
Leonard said he had been pointed out
as the mover in this matter. He wanted
to see whether the orders of the board
had been obeyed or not. Other members
had been worked on the outside, as he
had, in order to get them to let up.
Tozer thought the board should inves-
tigate the matter. He thought the board
had perfect right TO determine the
question of revoking the licenses. The
only question at issue was, Would they
do it?
The motion to postpone action till next
Monday night was lost, Davis, Bragg and
Leonard voting aye.
The clerk read the report Of Officer
Rutherford in the case of Nersko which
stated that he had warned Nersiko to
close his saloon, which was done so far as
the front. but the back door was kept
open and the officer caught him selling
beer
officer Bagley's report showed that he
had warned Thomas Kenny To close up
and he disobeyed the warning and sold
LIQUOR in spite oft
Anderson stated that to save the rights
of his clients he would plead want OF
jurisdiction of the board, and the fact
that they had been already fined. They
had no further defense to make and sub
lnitted the matter TO the board.
Officer Rutherford testified in accord
ance with his report, that on election
morning he notified all the saloon keep
ers Nersiko, when warned was very
indignant, claiming that he mad right
to sell. He caught him in the afternoon
supplying liquor TO men who were play
ing game in the back yard. The front
door was locked.
Devine wanted to know whether it was
iced tea or not, and Kent asked if there
was any law forblddlng man to give his
friend drink. He was informed that
there was. and said that liquor was drank
at hotels and restaurants that day.
Rutherford said, i'll answer to Devine
that iced tea did not have a head on and
that what the men were drinking YVES
beer.
OFFICER Wilson testified that he was
with Rutherford in the morning when he
notified Eersiko TO close UP. There were
beer and whisky on the counter at the
time.
CAPTAIN of Police Greene testified to ar
resting Fasser for selling liquor on that
day. lie went III at the back door and
saw fifteen or twenty men drinking at
the bar and money on the counter TO pay
for drinks. He arrested FaSSler and he
pleaded guilty in the Police Court and
was fined 81 90. Witness had notihe q
several other saloon keepers TO close
and they closed their places IN compll-
snce with orders.
Anderson argued that the board had no
xlNf al. III