The record-union., 1896-09-18

~~AN~~
City Engineer.
: | have not quoted in full Part XI. OF
the general street law, as it is quite
lengthy, but any of you can read it, and
you will at once understand that this
whole work comes under this Act.
L now claim that no contract will be
valid for this work unless it is made in
accordance with the general street law,
and that the Street Superintendent shall
enter into the contract on behalf OF the
city, and shall superintend the work.
L contend that this contract comes dl-
rectly under the general street law OF
the State.
| will now pass to the objections to
such contract under our city char
ter.
The charter was framed SO as to make
the city government come under three
! heads, the legislative, executive and ju-
diclal. There is no question as to your
right as a board to legislate for the
benefit of the city, but claim that there
Is no power granted your board to do
| the worka af or in any manner to inter-
fere with the executive department.
You have no right or power to assume
| the dutie- of the Mayor and his de-
| partment officers.
| Section 80 Of the charter provides that
| the Mayor shall see that all contracts
| with the city are fully performed and to
| that end shall cause legal proceedings
TO be commenced and prosecuted in the
| name Of the city against all persons
| on corporations failing to fulfill their
| agreements or contracts either in whole
| CT in part. If this section has any force,
| the contract cannot give to the Board of
trustees the supervision of the work.
! Section 81 provides that no member
| OF the Board of Trustees shall ever sug-
| gest, request the appointment Of, ap-
| point or nominate, any officer, clerk or
employe, to any place in the city gov
ernment, except to fill the office of
| Mayor, if vacant, etc. This section pre-
vents your board from employing any
| person. If this contract was drawn for
| the purpose of preventing the Mayor or
Street superintendent from appointing
| inspectors Of the work, it is in violation
| of the letter and spirit of the charter.
Section ia provides that there shall be
| Superintendent of Streets, and he
shall have power and shall perform the
| duties required of the superintendent
! of Streets by the Act of the Legislature
| Of the State of California, entitled An
l
| alleys, courts, sidewalks" etc, "and for
| the construction of sewers within mu-
| inequalities" approved March 16, 1889.
If this section of our charter is to be
| observed, the superintendent of Streets
must supervise all such work as comes
under this contract The Board of Trus-
| tees We're not elected as, nor has the
| charter or general law made them, Su-
perintendents of Streets The general
street law states that the Superintend-
ent Of Streets shall do any act either
| expressed or implied, that pertains to
| the street department
Section 90 provides that all work au-
| thorized by the board to be DONE and
| not within the provisions of the general
| law of the State of California operating
| thereon, shall be done under written
! contracts, except as hereinafter speci-
| fled (the only exception being where the
| city is in danger from fnundation). The
| spirit and meaning of this section is
| that the Board Of Trustees, as a legisla-
| tive body. shall authorize and direct
| what work shall be DONE shall enter
| into a contract for the performance Of
| the same. and then their connection
| with the matter ends, and the Mayor
| and his department officers must see
| that the contracts are fully performed.
| Section 81 provides that the Board Of
| Trustees shall have charge and super
| intendence of all public works of every
kind not otherwise controlled by gen
| eral law to be done for the city, and
| also Of furnishing all materials and sup
plies for public use, except as otherwise
| provided in this charter. 1t shall be the
duty of the board to vigilantly inspect
| all parts of the city and cause to be
done from time to time such work as it
| shall deem necessary or proper.
| Under this section your board claims
| the executive powers of the Mayor ana
other officers, but this section has no
bearing on the contract in question, for
this work is otherwise controlled by
| general law There is nothing in this
section that places any executive power
| in the Board of Trustees. The board
| have a right to cause work to be done,
| but have now power or right to do the
| work. There are other officers which
| the people have created for the per-
formance Of this work. 1t is the duty Of
your board to order work done, but t
| is the duty of other officers to do the
work
| | claim that your board have miscOn-
| strued the meaning Of the charter so as
| to enlarge your powers. 1 further
claim that the executive officers of this
| city are, by the charter, created the
agents Of this city. and, while it is with
in your province and duty to Ordain, in
| certain cases, what these agents shall
| do, your board cannot create new
| agents, or assume, by resolution or con-
tract. to act as the agents of the city
! instead Of those already created by the
charter Your board must recognize
| the executive officers of this city as the
agents Of the city; the people have
| elected them to carry out the orders Of
the legislative body.
regret that I have been required to
send so long a message to your board
disappearing this contract, but /
wished to make the matter clear to you,
and to show you that in trying to en-
croach upon the functions of the exec
utive officers of the city you are placing
the city in danger I cannot sign a
| contract which I know is in violation of
| the laws
| 7 hope your board will conclude to re-
| cognize that there are executive officers
of the city who must be considered,
particularly in the making and execu-
| ton Of contracts. Respectfully sub
mitted, c. II. HUBBARD Mayor.
COLGAN WINS.
The Supreme Court Decides Against
Sacramento.