The record-union., 1894-10-03
A BONE OF CONTENTION REMOVED.
Trustees Rescind the Resolution Re-
garding Appointments.
Corporation Counsel and City Attorney
Give Their Opinions Concerning
the Mayors Powers.

The City Board of Trustees held their
weekly meeting last night, Trustees Law
ton, Wachhorst, Kent, Davis, Bragg, De-
vine, Leonard, Tozer and Pennish being
present.
After the usual preliminaries the fol-
lowing communications from the Mayor
were read:
MRS. HOLMES "CLAIM."
To the Board of Trustees: Referring to
the claim of Mrs. E. X. Holmes against
the city for writing an article on The hop
industry In The IrdUeLer, which claim
has been twice referred to me by your
board, will state that l am not the aud
)tlng or examining body of this city, and,
therefore, L am unable to advise you
whether the claim is just one or not.
Mrs. Holmes has been to my office
several times in reference to the matter
but do not understand that / have any
power to act in the matter as it now
stands.
Ii your board desires that have full
power to act in the matter, | will look
into it and make further report. l will
say, however, that if the members of
your board feel that the claim is a just
one, will be satisfied with your action.
Respectfully submitted,
b. U. STEINMAN, Mayor.
CITY COLLECTORS ASSISTANTS
TO the Board Of Trustees: l am in
formed that your board has authorized
the City Collector to employ two assist
ants, or clerks, for one month, at salary
OF $50 each.
Section AZ of the charter provides that
the City Collector shall be allowed one
deputy and one or more clerks, not to ex-
ceed three in number, as the Board of
trustees may determine, except as here
in otherwise provided. Further on il is
provided: ''If at any time, by reason OF
The growth of the city and large increase
OF population, the duties OF the City Col
lectors office become too arduous to be
performed In thorough manner with
the maximum force herein provided for,
then the Board of Trustees may allow
one or more additional clerks, as in the
judgment of said board the increased
duties of the Collectors office demand"
1t will be observed that the above Sec
ton provides that the maximum force of
clerks shall be three, except when by
reason of the growth OF the city and a
large increase of population, the duties of
the office become too arduous to be per-
formed in thorough manner with the
maximum force of three clerks, then
your board has authority to allow one or
more clerks, as may be proper.
think it will not be claimed that the
extra clerks were allowed on account of
the growth of the city and the increase OF
the population.
When person is elected to an Office he
is presumed to know what duties he will
be called upon To perform, and he must
perform them with the force allowed by
law. In case he is not able to perform
them with the force allowed, then he
must pay for The extra force out or his
salary. When you allow extra clerks
you virtually increase the salarS of the
IN mir lob
ESee Section ll6 of the charter.l
therefore claim that the action of your
board In allowing these extra clerks is
unlawful, and that to pay them out of
the city funds would be illegal: unless,
as above stated, the employment of these
clerks was authorized on account of the
growth of the city and large increase of
the population.
For the purpose of obtaining the law
upon the question, | referred the matter
to Corporation Counsel, Robert Z. Dew
lin, and | herewith transmit to you
copy OF his opinion rendered to me upon
the subject.
Before closing this communication, I
desire 10 recommend that your board
take the proper steps TO have the Citv
Collectors clerks go out and collect the
water rates and licenses due the city. |
think by the adoption of such plan more
money will be collected, and no new
submitted, Il. u. STEINMAN, Mayor.
sTRAIGHTENED OUT AT LAST.
To the Board Of Trustees: 1 herewith
transmit TO your honorable body. with
my approval indorsed thereon, Ordinance
No. -, entitled San ordinance to
amend Section IL OF Ordinance No. II of
the city of sacramento, entitled An or
dlnance consolidating, revising and codi-
lying the ordinances of Sacramento
passed June q, 1872, relating to license
Tor livery or sale stable. Respectfully
submitted, Is. y. STEINMAN, Mayor.
THE P-sTREET PLAZA.
TO the Board Of Trustees: In reference
to the public park or plaza at Fifteenth
and z streets, l respectfully suggest to
your board that this is the proper time
for the laying of the water pipes and the
placing OF the fountain in the center
The city owns the fountain, which is on
the old exposition grounds near the de-
pot, and which Is intended for this plaza
The pipes should be laid at the same
time the fountain is put in. and all this
work should be done before the ground
is fertilized, which, in order to get the
best results, should be done soon.
l therefore advise that your board take
the necessary steps so as to cause this
work to be done. Respectfully submit
ted, b. u. STEINMAN, Mayor.
WATER BILLS.
James Riley appeared in behalf of Mrs.
Bersey, to ask a remission of her water
rates. The matter was referred to the
Mayor with request that he investigate
and report to the board.
NJ. q. Tilden addressed the board. stat
ing that four years ago he leased a house
under written contract that the lessee
would pay the water rate. He had not
done so and was unable to do so. He has
q team and is anxious 10 work out his
water bill by working for the city with
his team. He is in debt and would be
glad to get work. The water has been
shut off.
The matter was referred to the Mayor.
CoUNsEL's OPINION.
r. T. Devlin, Corporation Counsel
gave his opinion that the culverts over
the Y-street canal can be legally paid for
out of the levee fund, as they are clearly
within the limits that the fund is created
for.
He also quoted from the charter to
show that the Mayor had the right TO ap-
point the special officers for the State
Fair without the consent of the Trustees.
Says Mr.. Devlin in concluding this opin-
ion:
I'm my judgment the appointment of
the special police officers during fair time
ia provided for by Section l34 of the char
ter. and my opinion is that the Mayor has
the power to employ such policemen
without consulting your board. This is
a power conferred upon him to be used
Quickly and according to his best judg-
ment. If you were required to confirm
these policemen you could not act within
less than five days after the nominations
were made, and ii confirmation were
necessary il might be that before you
could act the danger calling for their ap-
pointment might have past.
''It seems to me that the charter ex-
pressly excepts the special policemen