The record-union., 1895-05-21
THE SUNDAY PICNICS MUST STOP.
That is, so Far as the City is
Concerned.
The City Trustees Will Hear the
Charges Agains Fowler, Talbot
and Rutherford.

The City Board of Trustees met last
evening, Messrs. Wachhorst, Kent,
Davis. Pennish, Devine, Leonard, Tozer
and President Lawton being present.
The following messages from the Mayor
were read:
THE RUTHERFORD CASE.
TO the Board OF Trustees. On May
Ia, 1895, l received the following COM
munication from the City Clerk:
"WHEREAs, The Grand Jury of Sacra-
mento County has found an indictment
against and instructed the District At
torney to prosecute Police Ofhcer w. L.
Rutherford, and as there may arise some
doubt as to the legality OF arrests MADE
by the above-named officer, be 1t
"feSotued, That the Mayor be and is
hereby instructed to suspend Police OH
Ger W. P. Rutherford from duty without
pay from May IA, 1895, until he shall have
been acquitted before the Superior
Court"
Having some very serious doubts as to
the power of your board to instruct me
on such point referred the matter to
the Corporation Counsel for his opinion.
He has rendered an opinion, copy OF
which is herewith presented TO you. In
his opinion he states that it is matter
which lies within the discretion OF the
Mayor, and that it is not competent for
your board in any way to control that
discretion.
Assuming that the message was in
tended as "a request, and not as an IN
struction, l know of no opinion which
has thus far been rendered by either the
City Attorney or the Corporation Counsel
as 10 the Legality of the arrests which may
be made by Policeman Rutherford. Until
such an opinion is rendered it will be
time enough TO act.
Every man is presumed to be innocent
until he is adjudged guilty by Jury of
his countrymen, and an indictment by a
Grand Jury adds nothing to his guilt.
Policeman Rutherford, by reason of
his appointment and confirmation, is a
jltre officer of this city, and all his acts
re legal until he ls legally removed. Ii
he was de fdcto officer his acts would
still be valid until he was RdJudged not
entitled to his office by some competent
authority.
1t is not my purpose to prejudice the
trial of his case one way or the other. but
rs the offence with which he is charged
occurred a great many months ago, it is
my judgment that justice demands that
no action be taken in his case until fair
aud impartial trial is had and jury OF
countrymen has rendered a verdict.
b. u. STEINMAN, Mayor.
CONTRACTS RETURNED.
To the Board of Trustees: I herewith
return to your honorable body, without
action thereon. the contract between
Henry Dehn and the city for the sprink-
ling of District No. 9, and also the con-
tract between John Burns and the city
for the sprinkling of District No. s.
My reasons for such action are as fol-
lows:
The Auditor informs me that the con-
tracts already made nearly exhaust the
amount in the street sprinkling fund, and
that the making of these contracts is
therefore in violation of the charter. l
regret exceedingly that such is the case,
as the citizens living in the districts cOy-
cred by the contracts are as much en-
titled to have the streets sprinkled as any
other portion of the city.
Subdivision % of Section % of the char
ter provides as follows:
ain no case shall liability be created,
or warrant drawn against any fund,
beyond the actual amount of money ex-
sting in such fund Wherewith to meet the
same; provided, however, should the
board, or ma ority thereof, contract or
create any debt against the city contrary
TO the provisions of this charter, such
debt, claim, or obligation shall be null
funds; but every Trustee voting in favor
of the contracting or creation of any such
illegal debt shall be held personally re-
sponsib bic, Jointly and severally, for the
ontire debt so created or contracted, and
shall be deemed guilty of a malfeasance
in office, and upon conviction shall be re-
moved thereirom."
For the purpose of preventing the
mem bers of your board from being held
personally responsible upon these con-
tracts, and also from preventing your re-
moval from Office, l have taken no action
upon them, as it was certainly an over
sight on the part of your board 10 adopt
ing them.
For the purpose of giving the citizens
living in these districts the relief to which
they are justly entitled, l respectfully
suggest that sufficient sum of money be
transferred from the general TO the street.
sprlnkllng fund to cover the amount of
these contracts, and then that the con-
tracts be relet. Respectfully submitted,
b. u. STEINMAN, Mayor,
AGAINST CITY PICNICs.
To the Board Of Trustees: In view of
the recent events, it would in my judg-
ment be al excellent idea to prohibit pic
MICS being held within the city limits.
There is but one place within the resi-
dence portion OF our city where public
picnics are held. but the citizens who live
in the immediate vicinity are entitled to
be protected III the peaceful enjoyment OF
their homes. There are other places out
side Of the city limits where picnics can
be held without Inconvenience to anyone.
Accordingly. / have drafted an ordinance
upon the subject, which is herewith pre-
sented to you, and respectfully ask that
after consideration of the same it be
adopted by our board. Respectfully sub
United. Is. \. STEINMAN, mayor.
MONEYS IN THE TREASURY.
To the Board Of Trustees: respect
fully report that in conjunction with j.
Frank Brown, City Attorney. W.D. Law
ton. President of the Board of Trustees.
not being present, I counted the cash in
the City Treasury on May 1st, and found
the same 10 agree with the amount re-
ouired by the Auditors books.
The following is an account of the
moneys received and disbursed By the
City Treasurer during the month Of
April, 1925:
Balance on hand April /.
Reseipts during month 5Ssos oS
Total. S277, 400 81
Warrants paid.........S17,o ,o65 40
Coupons paid. 60 so
Total disbursements ..................~ 1881 80
Balance on hand May 1. 1se5.-s s25e,5 81
Respectfully submitted.
b. u. STEINMAN, Mayor.
TwELFTH-sTREET BRIDGE.
To the Board Of Trustees: On May is.
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