The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-11-14
Assisting individuals to Clear
Certain Land Titles
CITY ATTORNEY SAYS YES
City Clerk Luckenbach Argues the
~ Matter
Dunn Says That II Compelled to Assist All
Those Interested Similarly He Will Not
Have Time for Anything Else

The council, at Its session last Monday.
ordered the city attorney to assist IN
clearing certain real estate, the property
OF w. s. DeVan ann George Gephard, Of
the cloud upon its title. The discussion
of the su bject at the time brought on a
tilt regarding the advisablity of the
action taken, in which Councilman M.
P. Snyder took occasion to say that the
city attorneys Office existed for Just such
a purpose as the subject then under dis
oussion. President iced warmly de
Tended City Attorney William L. Dunn
and his assistants, and stated that the
matter was of too trivial importance to
burden the city attorneys office with it.
City Clerk Chalres A. Luckenbach, IN
discussing the matter yesterday, said:
"rhe matter involved in the report of
the finance committee on the petition of
De Van and Gsphard is NOT new one,
but one which has been acted upon fav-
orably by the council during the past
two years and half in number Of in
stances.
lin the case in question, the property
owners paid their taxes before deln-
quenoy, and complied with every duty of
good citizenship q" far as this was con-
cerned., The property. however was
a right to do, that WHEN their taxes wers
once paid their property was safe, and
they did not begin an immediate search
to find whether public officer had made
an error. About six years went by, when
it was discovered that the property had
been sold for q double assessment and
that deed mad bern issued to man by
the name OF Vaughn. and that he had
paid to tho city about $50 on the double
assessment.
Certainly the city received the money
upon this assessment when they hau no
right to it. and under the rules adopted
by the council, If the property owners
had discovered the sale before deed had
council it would have been cancelled
without any controversy. deed, how
ever, was issued, and now the property
owner ASKS the city OF Los Angeles to
say to the tax purchaser that II he Will
gave them quit claim deed, thus reliev-
ing tie property from cloud upon the
tit1t. they will return to him this money
which was collected upon the double
as sessment, and to which they were not
entitled, but that ii he refuses to give
such deed, that then they shall use he
money which they have collected from
the taxpurchnssr to pay the expenses.
and the public officers, who are raid for
tutlr-SdFRlCtSITu rum tnc pupllO treasury,
to clear the cloud from the title, and
place their property in the same condi-
ton that it would have been had not
this double assessment occurred.
II ain aware that it is claimed that the
city is NOT legally responsible for tho
actI On of its officers, and I have no reason
to say that this position is not correct,
but | cannot for a moment understand
W. = the city should stand behind such q
screen. as this. They have at least
through the color of right Clouded the
title of the property owners. They have
it within their power, without mourning
any expense, to clear this title, and with
the power of the city back or the prop
erty owner can do 1t much easier than
can the property owner himself.
s The city was not entitled to the
m oney which they have collected upon
the double assessment; why should il not
be used to right the wrong which has
been done the owner of the property in
question? / believe this is the proper
course TO pursue. I have advocated TINS
POSITION ever oince l have been a city
officer and believing that it is right, shall
continue to advocate II as long as am
in position to do so."
City attorney Dunn thinks that in
cases like that of Gephard and De Van
the iitigants ought to clear their own
titles ard pay their own expenses for the
litigation ibvulvsd, as his Office cnuld DO
no sther work II compelled to assist in
clearing the hundreds of similar clouded
titles. The city is not responsible for the
acts of its employees ana the clearing of
tax titles is not, IN tina city attorneys
opinion, any part of the city's business.