The herald., 1896-02-27
new GARBAGE CONTRACT
The Sewer Committee Will
Recommend One Today
THE MAPkE AVENUE SEWER
Yesterday With the Board Of Fire
Commissioners
This City and County Responsible for the
Recent Non.Payment Of Salaries
THE MAPkE AVENUE SEWER

which il the lowest offered, will probably
be recommended to the council for accept
ance. The Dixon crematory will be recon.
mended az the means for disposing Of the
refuse.
The sewer committee will today consider
the remonstrance against the assessment
map in the Maple avenue sewer district
made by Louis Gottschalk. The most
serious statement made in the protest
states that part of said contract, which
prescribes the time IN which said sewer
was to be completed has been erased, and
another time has been inserted, and that
such erasure and alteration appears in the
original contract, as we'll as in the record
thereof.
ssThat in the original the time fixed for
the completion was evidently 200 days,
while now and since the alteration thereof
It reads $50 days, and that this change is
material because the contract was not
completed within 200 days, nor was any
extension of time granted within said
period.
s.That the contract is dated September
%, 1894; that the contractor was to begin
work in fifteen days and was to complete
it within 200 days; that the first extension
contractor was on June 10, 1895, by a
resolution; that at that time the 215 days
had elapsed, and said extension was null
and void, and that therefore the contract
had expired, which violated it and rendered
void any assessment hereunder"
Maple avenue sewer district is one of the
biggest pieces of sewer work in the city.
Thirty thousand three hundred and forty
two feet we're laid at an expense of $4e,.
O16.65. The street superintendent issued
his assessment January 21, 1895, and
since then about 80 per cent of the prop
erty owners in the district have paid their
assessment. The contractor was P. NJ.
Darcy.
The original contract which is in the
street superintendent's office was approved
September %, 1894, while d. A. Watson
was superintendent of streets. The eras-
ures to which Mr.. Gottschalk calls atten-
ton in his appeal are very plain. They
appear not only in the original contract,
but also in the book of the street superin-
tendent's Office into which the contract has
been copied.
THE CITY HAS AN INTEREST
The fact that the justices of the supreme
court of the state have not been paid cent
of salary since October last is due in q
large measure to litigation which is up on
appeal before the higher tribunal from this
county.
The trouble lies in that provision of the
constitution which provides that the just.
ices of the supreme court shall draw no pay
rs long as q case submitted remains unde.
cided for ninety days.
Sometimes the court evades the constitu.
tional provision by ordering a case to be re-
submitted, but there are five cases, heard
in bank, which are still undecided, and no
resubmission has ever been ordered.
There are eight of these delayed cases. of
which the three of local interest are the
case which is to determine the validity of
the refunding bonds voted last year; the
case of Hellman against Shelters, which is
to determine the validity of the street i'm
provement bonds, and the case in which
County Assessor Theodore Summerland
seeks to compel the payment of certain
large tax commissions, to which County
Auditor Bicknell declares he is not en-
titled.
The other cases pending are: Estate of
Burdick VS.. Burdick, No. 5 ,6S9, submitted
August 7th; Southern Pacific Company vs..
G. Allen, No. 1914, submitted August
7th; Burling vs.. Newlands, No. 14,592,
submitted August 9th; Philbrook (sub-
mitted for Rankin) vs.. Newman, No. 10, -
657, submitted August 14th, and Ralston
VS.. Bank of California, No, 1870, sub
mitted August 10Th.
A decision in each of these was due on
November 3Oth, but nothing in the shape
has been filed. So the last pay any of the
justices has drawn was for October. and
they cannot draw cent until all of these
August cases have been decided.
The two city cases in the above list were
submitted on August 5.
OBJECT TO SUNDAY WORK
The following was yesterday filed with
the city clerk: The Methodist preachers'
meeting of this cityhereby most respectfully
petition your honorable body to do what you
consistently can to stop Sunday work on
our streets, sewers and other public works.
The grading of streets on this day has
in some instances, interfered with church
services and otherwise annoyed peaceabie
and law-abiding citizens.
We therefore respectfully ask you to
pass an ordinance prohibiting all public
work on that day except in cases of neces-
sity.
rs president and S. G. Blanchard as secre-
tary OF the association mentioned.
TWO SEPARATE KICKS
A. W. Fisher, the music man, has filed
the following:
when the sidewalk was laid on the east
eide OF Flower street, between First and
Second streets, last summer, the property
line of 12O feet in the block was not cut
back. the walk fronting this 120 feet being
laid up only to the embankment of said
.12O-foot lot. This results i'm the walk be-
ing constantly covered with the earth that
falls down from the lot. and it is impossi-
BILE for owners to keep the adjoining walks
clean. / have repeatedly requested the
street superintendent to attend to the mat
ter, but month after month rolls by and
we are given no relief, and | now bring it
to your attention. with the request that the
relief prayed for be granted.
IA year ago l found it necessary to make
a complaint against the Westlake park di-
vision of the electric railway compa ny for
cutting trenches across the street (F rst
street is the one ! refer to) after a rain
storm and leaving them there to the an
noyance of vehicles. The same thing has
been done this winter and l respectfully re-
quest your honorable body to see that the
practice is stopped.
II refer to the matter direct to you be-
company gave not the slightest attention
to the protests of the street superintendent.
In connection with this matter / would
like TO add that the condition of the street
between and adjoining the tracks of the
railroad from Hill street west is disgrace
full"
FIRE COMMISSIONERS MEETING
The board of fire commissioners yester.
day refused to reecind it's action taken one
week ago, in which the contract for 500
feet of cotton hose was awarded to the
Berton Woolen Hose and Rubber Co.
Chief Walter S. Moore reported that he
bad seen President Cline of the Los AnQe-
yes Lighting company in reference to light
ing certain engine houses, and had been