The herald., 1894-08-07

damages, caused by the grading on First
street without building culvert OF sufi-
Gent size to carry off the storm water
which flows down q ravine near the
cemetery, and which water was backed
up over the cemstery's land, has been
decided in favor of the city by the
supreme court.
The case of Harriet ]. Watson against
the city for 1880, the value OF certain
gravel taken from the lot on Broadway
under an agreement to grade her lot to
the established grade in confederation
OF her allowing the city to take the
gravel. has been decided by Judge Clark
in favor of the city.
AS TO FLUSH TANKS.
In regard to the refusal Of the Los
Angeles City Water company to furnish
water for the purpose of flushing sewers,
l lind that the sewer system is so con-
ntructed that at the dead end of each
sewer there is flush tank designed to
flush the sewer every "a hours. These
flush tanks are connected with the
pipes OF the water company, which has
for years gradually decreased the
amount of water running in the flush
tanks until there is none to speak of al
system of sewers which Yves designed to
carry off the SO wage and reduce the per-
centege Of disease and death have been
turned into sinking. disease. breeding
conduits which are infinitely worse than
no sewers at all. In 1858, when the city
leased it's water works to this company
and gave it the right to take 10 inches of
water from the river for domestic pur-
poses, it was stipulated in the contract
that the company should furnish water
free for public schools, city jails and
hospitals, and SHOULD also furnish hy-
drants free for fire purposes. Ii will be
seen that the contract does not provide
for water either for flushing savers or
for sprinkling streets. In 1880 the water
company endeavored to compel the city
to pay for the water ueed in sprinkling
streets and the CASE was taken to the
supreme court, which decided in fsvn
OF the city upon the ground that the
company has the right only to take
enough water from the river for domes-
tic use and that all of the remainder OF
the water of the river belonged to the
city, whether found in the river or in
the pipes Of the conn any, and the court
then found that the city had t. Q right
to take water for sprinkling from the
company'a pipes whenever they con-
tanned more water than was necessary
for domestic purposes.)
Following out the spirit of the deci-
sion the city has the right to take water
from the company'e pipes for any other
municipal purpose. There can be nc
question but that the company's pipes
are carrying more water than is neoes-
sary for domestic purposes, and l advise
| n ~ nj a n nd IN,
gineer be instructed to at once have the
proper connections made with each flush
tank in such q manner as to furnish
sufficient water to properly flush them,
and that the company be notified that il
will not be any longer permitted to in
terfere with or shut off the water as il
has done in the past.
AS directed by you, have prepared
and herewith present ordinance aban-
dening certain rights OF way for sewers
in the Adams street tract. Adopted.
have prepared and herewith present
lease between the city and Isaac P.
Smith for certain land near CASTELAR,
street. Approved.
CITY CLERKS REPORT.
In the matter of the widening of West
Beacon street, from Ninth to Eleventh
strests, the report of the commission :
ere, together with the plat OF the as
eessment district, was filed June 29th
1894, and on July 9Th, notice of the filing
of said report and plat was published.
On August 4th time for protest ex-
pred, on which day the protest at ]. s.
Haigler was filed.
1t will now be in order for your honor.
able body to Get date for the hearing
of said protest, not less than one week
from this date. Set for Monday next, al
2 p. m.
In the matter of the sewering oil
Maple avenue and other streets included
in the Maple avenue sewer district,
June 80. 1894. Time for protest expired
July IL, 1894. No protests have been
received.
Proof by affidavit of all publications
directed. and Of posting of ordinance o.
intention 10 on file in the Office Of the
undersigned, and the street supsrin
tendent has certified that the proper
affidavit showing the publication o.
street notices ia on file in his Office
Ordinance passed.
In the matter OF seweriug Key Wee'
street and other streets included in the
Western intercepting sewer district, No
z, notice OF street work WAS published
June 20. 1894. Time for protest expired
July 16, 1894. No protests have been re-
ceived.
Proof by affidavit OF all publications
directed, and of posting of ordinance O
intention is on file in the Office OF thu
undersigned, and the street supsrin-
tendont has certified that the proper
affidavit showing the publication O
street notices il on file in his Office
Ordinance passed.
Ordinances of intention were passec
to grade and gravel Ingraham street. sue
for Sidewalk on Alameda street from
Marcheseault to Ann street.
REPORT OF THE SEWER COMMITTEE.
The sewer committee reported az fol
lows:
We, your committee to whom was
referred the demand of J. P. McGut
for $50, for trees and vegetables destroyed
on the said McGue property, near the
La Dow school house, during the con-
struction of the outfall sewer, would rec
ommend that the demand be approved
and turned over to said Mcdue when be
signs and delivers to the city attorney .
proper receipt for all damages in full
done by the city during the construc-
ton of said sewer. Adopted.
We would also recommend that the
petition from A. II. Smith and others.