The record-union., 1896-07-21
Freeport, beg leave to submit the fol-

FTeepOTL, peg ledVG 10 SuUuiAs SAS Ava
lowing report:
I have carefully searched the records
in the offices of the Recorder and Board
of Supervisors of Sacramento County,
the records and files of the City Clerk
and the entire proceedings in the case OF
L. M. Lincoln VS.. the City OF Sacra-
mento, and do not find that any deed has
ever been given for right of way across
the property mentioned above.
However, I have traced the proceeds
ings relating to the drainage canal from
the passage Of the Act Of Legislature IN
1861, granting the city the right OF way
generally until the completion OF the
canal. At the time of its construction
the land in question was the property OF
ex-Supervisor Erskine Greer. Mr.. Greer
did not give the right of way, but con-
sented to the canal being cut through his
land. Bids were received for the work
to be done and Mr.. Greer was the lowest
bidder and received the contract Tor
constructing the canal through ms own
lands and further down. They merely
consented to the construction OF the ca
nal, believing it to be a remedy and pro-
lection from the overflowed waters.
On June 9TH, nearly nine years after
wards, Erskine Greer conveyed the
lands mentioned above by deed TO Thos.
O'Toole, who subsequently transferred
the same to his wife, Margaret OTooie.
My careful search of the records and all
proceedings in relation to the drainage
canal enables me to say at this time that
no deed was ever given for right or way
and if the city of Sacramento mas any
right of way across the property OF MRS.
O'Toole, it has only been acquired py
prescription. With these facts as above
stated submit the same for your con-
sideration. Very respectfully,
E. S. WACHHORST.
Pennish said the report did not touch
the matter he wished to see settled-the
rights of the city in regard to the drain
age canal. He knew that some people
had been paid money for the land taken
up by the canal, and it should be ascer-
tanned.
Devine said that the city should
either relinquish it's rights or, if it has
any in the matter, to build the bridge
for Mrs. O'Toole. He thought 1t would
be well to ascertain from Mr.. Greer
what We're the facts
Clerk Desmond stated that E. H. Nc
Kee and ]. D. Young had told him that
there were deeds for right of way OF the
canal from the city to Snodgrass Slough
that were for many years in the city's
safe. They were delivered to Grove l..
Johnson, who was counsel for the city in
the suit of Lincoln against the city, and
it was not known where they now We're.
The Clerk was instructed to ask Mr..
Johnson to return the deeds to his GUS
tody.
COMMITTEE REPORTS.
Kent, for the Fire Committee, re-
ported that the lowest bidders on hay
and straw were Manuel Silvera, for hay
at 81 % a ton, and L. F. Williams for
straw at 33 cents a bale, and he recon-
mended that the contracts be awarded
to them. So ordered.
Devine, for the Street Committee, re-
ported that the contract for filing the
low lot of L. C. Chandler specified no time
for completion. He should therefore no
longer oppose the ideas of the Chair
man.
Daniel Gardner said he was hauling
dirt to fill the lot and he thought he
could fill it in according to his contract
in two weeks more.
Pennish thought that If the board
filled the lot it would cause the city a
law suit, and it might lose the money it
costs.
Leonard said that he had consulted
good lawyers, who say the city can col
lect for the filling and it will not cost
much to test the matter, and if success
full the owners of other low lots will fill
them when ordered to.
ha tsOa nd
contract for filling the lot was awarded
to James McCaw, the lowest bidder
Devine said the Sunset Telephone
Company had dug up Sixth street to
put in underground wires and did not
fill it in properly. and the Street Super
intendent had to have it fixed. He
moved that the bill for SO doing be pre-
sented to the company. So ordered
Kent reported that Fourth street, be-
tween X and M is in bad shape. He
moved that the Superintendent of
Streets be instructed to place on it twen-
ty-five loads of macadam and roll it.
So ordered.
Kent said that about year ago the
pipes from the soap factory were
clogged with soap and had to be opened.
The water now backs up at high water
and smells bad. He moved that the
Superintendent of Streets be instructed
to haul the street cleanings to fill up the
place, which is on r street, between
Second and Third. So ordered.
Kent moved that the City Surveyor
be instructed to call up Fifth Sixth,
Seventh and Eighth streets, between ]
and K, for improvement with bitumen
Carried.
Davis was granted permission to put
UP a handsome lamp at 41S K street
The Corporation Counsel advised the
postponement Of the claims of NJ. Kishi
water until the similar suits now in
court are decided.
The opinion of the Corporation Coun-
sci was read, to the effect that the pro-
posed fire escape ordinance was legal,
and the ordinance was read.
Tozer moved it be laid over for week
SO that he could examine it. Carried
COMBINATIONS
Combinations being order, the nomi-
ration of J. n. Payne as special police
man was unanimously confirmed.
That of T. II. Almas as special police
man was also confirmed unanimously,
as was that of j. NJ. Wallace.
Kent advocated adopting the recon-
mendation of the Mayor that Chief En-
gineer Guthrie be sent to the convention
of Chief Engineers at Salt Lake. He
was informed that all sorts of appliances
for fire departments CT the latest type