The record-union., 1894-02-20
new NOMINATIONS.
M. M. Drew Appointed Chief Of
Police.
Ordinance Introduced to Do Away
With the Omce-Lease Closed
for New Quarters.

The room in which the City Board OF
Trustees held their meeting last night was
crowded, as it usually is, when any nom
nations from the Mayor are expected, as
the interest in knowing who the noml-
nees are remains apparently unabated.
Yee Bean and Quong Lee Lung, Chi
nese merchants, asked leave to explode
firecrackers in Chinatown last evening,
from P. NJ. to 8 P. NJ. The request was
granted.
The following ordinance was presented
by L. t. Hatfield. attorney for the Sacra-
mento Power and Light Company, and
its passage requested:
Ordinance No. -. Granting to the Sacra-
mento Electric Power Light Company
the right to postpone the commence
ment OF operation OF certain portions
of the street railway authorized 10 De
built and operated under the provisions
OF Ordinance No. 80, passed February
20, 1893.
The Board of Trustees OF the City OF
Sacramento do ordain as follows:
Section l. There is hereby granted to
the Sacramento Electric Power and Light
Company the right and power to post
pone until June l, 1894, the commence
ment Of operation of that portion OF tie
street railway authorized by Ordinance
No. 80, to be built on, over and upon
Twentieth street. between the point oi
connection with the tracks OF the Central
Electric Railway Company on j street, al
the intersection of Twentieth street and
street, and the point Of connection with
the tracks of the Sacramento Electric
Power and Light Company on ii street.
st the intersection of II street and IWen-
tieth street. This authorization to defer
the commencement Of operation OF SAID
portion Of street railway until the lst day
of June, 1894, is made without intending
to in anywise impair any of the rights
granted by said Ordinance No. 3lO, or n
anywise releasing said company from
any obligation hereunder, except to the
extent of deferring operatlOn'ot the pof-
ton herein described for the perloo
named.
Section 2. This ordinance shall take
effect and be in force from and after It's
passage.
Passed February l9, 1894.
Mr.. Hatfield explained that the track
covered by this ordinance extended from
II to j. AS street was to be improved.
it was wished to put in switch so as TO
run the cars as far as possible on one
street, K, and avoid croWding j street
during the time it was being improved.
The time of commencing. under the other
ordinance, expires on the 10th, and the
company wished to have the matter
settled tonight. 1t would give the same
service to citizens and the only differ
ence would be IN the service on twentieth
street from II to j.
The ordinance was passed without dis
sent.
SALOON LICENSES GRANTED.
A license to keep saloon at SIC L street
by Charles Yates was granted, Leonard,
Bragg and Tozer voting against 1t.
Yates license was revoked by the
former board at the request of the Chief
of Police.
Trustee Bragg moved that all petitions
before the board be referred TO the Chief
OF Police for his action before being acted
upon. He wanted to know what he was
voting on.
Trustee Tozer said that the same reso-
luton had been acted upon by the board
and WAS still in force. lie thought thelI
action in granting Yates license was,
therefore, invalid.
The motion was carried.
THE BOARDS QUARTERS.
Trustee Bragg of the Committee on
Buildings reported that they had drawn
up lease for the rooms over the Farm
ers' and Mechanics Savings Bank, but
the City Attorney had given an opinion
to the effect that it was invalid.
4 written opinion from the City Attor-
ney was read TO the board as follows:
~ II. Bgdgg-DEAR SIR: The pro-
posed lease from NJ. II. Lynch and +. l..
Lynch to the city OF Sacramento, provid-
ing for the lease of twelve rooms on the
southwest corner Of Fourth and streets
having been submitted TO me for an opin-
ion as to the form and legality Of said
lease, / respectfully submit the follow
ing:
The facts upon which this opinion is
based are these: The Mayor OF this city
is the President of and stockhOlder in
the Farmers and Mechanics Bank. The
rooms sought to be leased are the prop
erty of tie Farmers and Mechanics
Bank and have been leased to NJ. II. and
T. L. Lynch, who are desirous OF sub
letting said rooms to Sacramento City.
The validity OF such lease from M. II.
and +. l.. Lynch TO Sacramento City de-
pends upon the intent that governed in
making the lease from the Farmers and
Mechanics Bank to said NJ. II. and +, l..
Lynch. If said lease to NJ. II. and 4. l..
Lynch was made with the intention that
said NJ. II. and K. L. Lynch should sub
let the premises to the city Of Sacramento,
and solely for the purpose OF avoiding
Section 2Il of the charter of this city,
which provides that no officer OF the city
shall be interested either directly or indi-
rectly in any contract with the city, then
the Mayor being an officer of the city ano
a party interested in the property of the
Farmers and Mechanics Bank, l should
deem a lease from Nj. Ii. and 4. l.. Lynch
to the city of Sacramento OF no more eff
feet than if made by the officers Of the
Farmers and Mechanics Bank TO The
city of Sacramento, which would un
qualifedly be invalid.
If. on the other hand, NJ. II. and T. L
Lynch are not acting as mere "go-be-
tweens," and in the interest of the Farm
ers' and Mechanics Bank, valid lease
may be drawn between Al. ii. and i. l.
Lynch and the city of Sacramento.
/ leave the facts to be determined by
you. The form OF the lease is detective il
several particulars:
First-There is no provision in the lease
designating the fund out Of which the
rent for the premises is to be paid. Sub
division - of Section p OF the Charter
provides that the fund out Of which pay
that the same is to be made ont of the
moneys appropriated to such fund OIL
funds for the fiscal year.
Second-The term as expressed during
which the lease is to run is ambiguous anC
uncertain and should be amended. Sec
ton y OF the Charter provides that lease
for one year only may be made. The pro-
vision in the lease that the second party
meaning the city, shall, at the eXplra
ton of the lease. give the first party sixty
days notice before quitting the premises
should be stricken out. Respectfully sub
mitted. J. FRANK Brown,
City Attorney.
Dated February 19, 1854.
w. II. Devlin stated that the rooms VI
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