The record-union., 1896-09-18
some VERY PLAIN TALK.
Mayor Hubbard'S Veto Message to the
Board Of Trustees.
says the Responsibility Of Obstruct-
ing the Sewer Contract Rests
With President Leonard.

Mayor Hubbard yesterday sent the
following message to the Board OF City
trustees, in which it will be seen that
ne does not mince matters, but makes
q square issue as to the respective
powers of the executive and legislative
branches of the city government:
To the Honorable Board of Trustees:
herewith return the contract signed by
the President of your board and j. "A
Cunningham for the construction OF
pumping plant as an outlet to the
main sewer to be constructed on ,
street in this city.
In returning this contract to you With
out my approval, 1 wish your board and
the citizens Of Sacramento to under
stand that the responsibility, and the
failure to provide the sewer outlet be
fore the winter storms begin, rests with
the Board of Trustees, and more par
ticularly with the President thereof.
When the specifications were made by
the City Engineer calling for BIDS Tor
this work. q clause was added TO the
specifications providing that the Board
of Trustees should superintend and ap-
point inspectors of the work. l notified
the President of your board that 1 would
a
sion included in it, and by his direction
it was stricken out of the specifications
When the bids were opened and your
board awarded the contract to j. a
Cunningham, l called upon the Corpor-
alton Counsel and directed him to pre-
pare a contract in accordance with the
general laws covering such contracts
About thirty days ago your board
passed a resolution that the Mayor and
the President of the board be author
ized to sign a contract for this work
This resolution was not a legal one, but
the Corporation Counsel did not think II
would render the contract Invalid II
thus signed The Corporation Counsel
did prepare q contract which would
have been legal, but the President OF
your board called upon him and re
uuested him to make another contract
as he directed. The President OF your
board, knowing that I would not ap-
prove such contract because of its lille
g2lity, and knowing also that it would
necessarily delay the commencement OF
the work and thus prevent its possible
completion this year, has asked you 70
approve it, and you have accordingly
done so.
IT seems that the object which the
President and some members or your
board wish to accomplish is to prevent
the Mayor and the Street Superlntend-
ent from attending to their duties as
prescribed by general laws. / wish the
board to understand that, when a legal
contract is properly drawn, L snail De
ready to sign the same: but, under this
contract. if it shall be passed over my
veto, / shall not only prevent any in
ha annninf1d
board from drawing his salary from the
CITY. but / will also if it is within my
power. prevent the contractor from draw
ing anv payments upon the work II
vour board should conclude rather to use
YOUR official position to obstruct the
Mayor and his department officers II
their work than TO legisate for the best
interests of the city, I suppose you Will
continue TO interfere in matters or TINS
kind and we may as well understand q
each other now as any other time
In this connection I desire to refer
YOU to the law covering such contracts
and such business in general
Section 6 Of Article XI. Of the Consti-
tuition of the State Of California pro
Vides that all charters for the govern
1nent Of cities and towns thereafter
framed or adopted by authority OF this
Constitution shall be subject to al con-
trolled by general laws.
Section > Of the general street law OF
the State of California, approved March
rs. 1880. describes what kind Of street
work NAV be ordered and enumerates
streets. avenues, lanes, alleys, courts
sidewalks etc, and also sewers with
outlets for drainage or sanitary pur-
poses
Section 6 of said general street law
directs that the superintendent Of
Streets be authorized in his official ca
racitv to make all written contracts
and receive bonds authorized by this
Act and to do any other act, either Tex
PRESSED or implied that pertains to
the street department under this Act.
1fe shah fix the time for the commence
lnent Of the work, which shall not be
more than fifteen days from the date
of the contract, and for thecompletion
Cf the work under all contracts entered
into by him, which said work shall be
prosecuted with diligence from day to
Gay thereafter. to completion, and he
may extend the time so fixed from time
10 time under the direction of the City
Council
The work provided for in Section Of
this Act must in all cases be done under
the Superintendent of Streets, and the
materials used shall comply with the
specifications and be to the satisfaction
of said Superintendent Of Streets, and
all contracts made therefor must con-
tain q provision to that effect and also
express notice that in no case, except
where it is otherwise provided in this
Act. will the city or any officer thereof
be liable for any portion of the expense.
The City Council may, by ordinance,
prescribe general rules directing the Su-
10 rintendent Of Streets and the con-
tractor as to the materials TO be used
and the mode of executing the work un-
der all contracts thereafter made
Sections %, 2S, %. 80, 81. 30 and 33
Of Part XII Of said general street law,
particularly provide for sewers, etc, to
he constructed by city how the funds
shall be provided to pay for the same,
commpletely covering In detail the pro-
r.Csed sewer outlet for which this con-
tract is made. Section 33 in conclusion