The herald., 1895-06-11
THE CITY ATTORNEYS REPORT

The city attorney reported as follows:
AS directed by you | have prepared
and herewith present the following or
dinances:
A ordinance for the opening and widen
ing OF Georgia Bell street. Adopted.
A ordinance for the opening OF Santee
street, between Seventh and Eighth
streets. Referred to the board of public
works.
As directed by you l have prepared and
herewith pIesnt lease between the city
and J. ". Hendrck for store room in
Boyle Heights to be used as police sta
ton. This lease does not provide the
myth of time or term for which it is to
run, for the:reason that your instructions
do not fix a term and Mr.. Hendrick did
not know for how long you desired the
lease, but he has signed it as 1t is
drawn. AS drawn it is lease from
month to month, with the privilege OF
removing such tx lures as the city may
place therein. Approved.
You have referred to me the ordinance
providing for the closing of saloons on
Sunday and after midnight. which was
recently vetoed by the mayor. When
this ordinance was last referred to me it
was returned with the request that you
indicate for what purpose 1T was referred
to this Office, but you have again referred
it without any instructions. But as you
desire me to make some report of it, in
view of the objections made by the
mayor, it may be well tor me to say that
upon the constitutional questions raised
by the mayor | think he IS in error.
Similar ordinances have beeh enforced in
a majority of the states of the union, and
l have nosdoubt as to the constitution
ality q this one, the mayors objections
to the contrary Notwithstanding. AS to
the ether points made by the mayor
against this ordinance, l think they
should be determined by the council, and
for that purpose it might not be out OF
place for me to suggest that it would be
we'll to refer this ordinance, together with
the message of the mayor. to some com
initee, with instructions to investigate
the matter fully. As to whether or not
YOU desire to compel the police commits
sion to revoke the license of such persons
as are convicted of violating the ordin-
| ance is question OF policy and not a
legal proposition. The ordinance is legal
and constitutional in this respect also.
am inclined to agree with the mayor that
| ordinance No. s61 fully covers the subject
OF Sunday saloon closing and can be so
enforced as to attain the object sought for
which is the prohibition of the liquor
traffic on Sunday. Ordered tabled.
As directed by you at your meeting OF
May Goth. | sent to Frick Bros. d demand
for $716.95. to cover the cost OF repairing
that portion of the Hoienbecll arroyo
sewer built by them. which demand was
| in the following words:
LAS the attorney of the city of Los An
gees, and acting under the instructions OF
the council OF said city, demand is here
| by made upon you for and you and eacl,
OF you are notified and requested to i'm
medately pay to said city the sum oi
S716.95. said sum being now due. owing
and unpaid from you to said city and
being the amount of money necessarily
paid out and expended by said city in the
reconstruction and repairing of the sec
tion of the Hollen beck arroyo sewer bull
and constructed by you as contractors
under certain contract in writing with
said city said reconstruction and repair
ing having become necessary oy reason
of the faulty and defective building and
construction of said section OF said sewer
by you as such contractors
Tc this demand | have received long
communication from Frick Bros. which il
herewith enclosed for your consideration
As to that portion OF the communication
in which they propose to hold me strictl.
accountable for the part have taken il
the matter, you need pay no attention
as believe that | will be able to tak
care OF that matter myself, whateve
their threat may mean. Ordered filed
Frick Bros letter, referred to above
was fully printed in these columns owe
two weeks ago.