The San Francisco call., 1896-03-07
He MAY LOSE HIS FEES,
City and County Surveyor Til.
toms Compensation Is
Under Fire.
Attorney Creswell Claims That He
Must Keep to His Regular
Salary.

In the opinion of City and County At.
torney Creswell City Surveyor Tilton is
only entitled to receive the $500 per
year salary which the law allows him in
return for the services he renders the City
and County in calculating grades, etc.
Mr.. Creswell submitted long opinion on
the subject yesterday in answer to query
from the Board of Supervisors as to
whether Mr.. Tilton was entitled to COM
pensatio n for establishing grades south OF
the park. The opinion in a condensed
form is as follows:
The joint Committee on Streets and Judici.
ary of the Board of Supervisors have under
consideration resolution ofwhich the follow
ing is copy:
Resolved That the Committee on Streets and
Wharves be and is hereby empowered and re-
Quired TO contract at once with the City Engin-
eer of this City and County to run all the lines
and levels to establish all necessary bench
marks and set all necessary stone monuments
SO that the grades and lines can be perpetu-
ated, to prepare all maps, plans and det all
drawings. to make all necessary computatio Ms
for size of sewers. to determine an outlet for
and sewers in the district or tract of land de-
scribed in resolution No. Il, 500 third series)
of this board, at cost of $11 900.
The resolution was referred to the City and
County Attorney with request that his
opinion be given on the authority OF the board
TO authorize said expenditure. The opinion
has been given holding that no such contrac t
could be made with the City and County Sur
veyor for the work mentioned in the proposed
resolution. A City Engineer is provided for in
the act of 1855, commonly called the Vrooman
act. This act permits the Board of Supervisors
to order the whole or any portion, either in
length width of streets, avenues, lanes,
alleys, courts, or places of any city graded or
regarded to the official grade, planked re-
planked, paved or repaved, macadamzed or re-
macadamized, graveled or regraveled, piled
or replied, capped or recapped, severed or re-
severed, etc.
This act, in section 8, requires the City En-
gineer to furnish plans and specifications and
careful estimates OF the cost and expenses of
the work, which is an incidental expense and
must be paid by the person to whom the con-
tract shall be awarded, and by him collected
from the property-owners If the work should
be abandoned before the contract is let section
5 requires the board to pay the City Engineer
the cost of the work done by him.
The board may under section 26 order the
whole or any part of the work mentioned in
section paid by the City. The work proposed
provided for by the Vrooman act, consequently
no charge can be made against the City for it,
because the only charge that can be made
against the City by the City Engineer must be
for work done under the act as provided in
sections 5 and 26.
The City and County Surveyor cannot make
a charge for the work, because under section
10 of the consolidation act and the act of the
Legislature of May II, 1861, the annual salary
paid him by the City is declared to be by the
law full compensation for all work done by
him for the City, and section 10 of the consoli-
dation act makes 1t unlawful to pay any of the
officers OF the City and County any extra COM
pensatiOn for their services. Independent of
the consolidation act the courts hold 1t illegal
TO pay extra compensation for Official services.
If this opinion is upheld Surveyor Tilton
will be deprived of several thousand dol
lars annually in fees