The herald., 1896-01-04
CounciImen Have the First
Laugh on Riparian
TWO MORE SUITS PENDING
Routine Recommendations of The
Board of Public Works
More Citizens are After More Alleged Nui-
ssnces-Proposed Tramp Quarters
as They Have Been Planned.

. sigh of relief yesterday, the first time for
several months. The city has secured
first blood in its contest with H. M. (Ri-
parian) Ames.
Ames owned certain piece of land, con-
tanning about eighteen acres and adjoining
the river on the west, and lying almost en-
tirely in the city, between the patent and
the charter boundaries. He subdivided it
into lots and blocks, with streets, and sold
of the lots to different persons, one of
whom was W. o. James. The latter never
Appeared q. the trial ard Mr.. Ames ap-
peared to be the real party in interest. 1t
did not appear before Judge Van Dyke.
where the case was tried, that any water
had ever been taken from the river by the
plaintiff as riparian owner, but that
Ames had been taking water for the pur-
pose of selling it, and not for use on his
lands. The whole thing in a nutshell is
said to be that Ames has a little water sys-
te m of his own and has been for years try
ing to force the city to let him have water
in order that he may sell it to the people in
Vernon at such prices as he may see Mt to
charge. Had he succeeded in his attempt
and the city was forced to let all of the sur
plus water in the river be taken out, the
thousands of acres of orchards and vine
yards now lying south of the city would be-
come as dry as the Mojave desert, except
they be irrigated by water which Ames
might furnish at any price he might see tit
to charge. Ames. it is claimed. could
never furnish but small fraction of the
amount that would ne needed. for the
reason that if the water was let flow down
the river the most of it would disappear in
the sand before reaching his land, and
would be forever lost.
The suit decided on Thursday was for
damages against every member of the old
council. There are still two suits involv-
ing practically similar issues pending
against the individual members of the
ever, probably now never be brought to
trial.
PERTAINING TO PUBLIC WORKS
The board of public works transacted
only routine business yesterday, disposng
of the following matters pertaining to street
improvements:
In the matter of the report of the street
superintendent on the appeal of the prop
erty owners in the matter of the improve.
ment of Twelfth street, between Burling-
ton and Westlake avenues, we recommend
that the street superintendent be instructed
to again accept the street and issue the
necessary assessment. warrant and dia-
gram therefor.
In the matter of the work being
done on Bush street, between Sixteenth
and Washington streets. the ordinance
granting permission to do the work pro-
vides that they shall grade, gravel, curb
and sidewalk from the south line of Six
teenth street to the north line of Washing
ton street; we believe that under this ordi-
nance the contractor is compelled to put in
the curb returns. We therefore recon-
mend that the street superintendent be
notified that this street should not be ac-
cepted until the contractor builds the re-
turn curbs on Sixteenth street and other
intersecting streets.
Recommend that the petition from T. n.
Spier and No. 1884 from Mrs. S. d. Burke
ct al. asking that the grade of Rosemont
avenue be changed in accordance with pro-
file on file in the Office OF the city engineer,
be referred to the city engineer for 'front.'
age and ordinance of intention, provided
this would be the most practicable grade to
establish.
In the matter of the report of the city
attorney on petition of Francisco Fewins,
asking for 500 additional for the opening
of Darwin avenue, said officer stating that
he believes that this is just elm and that
the city will save money by allowing it, we
recommend that said report be adopted
and said Francesca Fewins be paid the sum
of $50 upon filing with the city attorney
the proper deed for the land sought to be
condemned by the commissioners for the
opening of said Darwin avenue.
Mrs. E. H. Burnett in reference to the loca-
ton of an oil refinery at the foot of Ninth
street be filed. as the subject matter con-
tainsd in said petition has been favorably
acted upon by this council.
Recommend that the petition from
Clara K. Shatto ct al, asking that cross
walk be built across Orange street on the
west line of Lucas street. be filed, as this
improvement has already been ordered.
Recommend the petition from Mrs. C.
Ducommun ct al. in reference to the
tramp element, be filed ,as the subject mat
ter has been acted upon by the council.
In the matter of the petition from
Eugene Torrey ct al, asking that a cement
sidewalk be ordered on the west side of
Crocker street, between Sixth and Seventh
streets, be granted and the city engineer
instructe ted to prepare and present the nec-
essary ordinance of intention therefor, the
said petition representing majority of
the frontage affected.
In the matter of the petition from w. +.
Fixen, calling attention to the condition of
the gutter on the south side of Twenty
third street for about 200 feet east of
Union avenue, we recommend that this
petition be referred to the street superin-
tendent TO abate the nuisance com.
planned of.
Recommend that petition from William
Mead ct al, asking that Avila street be or
dered graded, graveled and curbed with
redwood from Bauchet street to Macy
street, be granted. and the city engineer in
structed to prepare and present the neces-
sary ordinance of intention therefor.
Recommend that the bid of David Null
rein to improve Downey avenue from the
east side OF DOwney avenue bridge to the
west line of Water street, at 80 cents per
lineal foot for curb and A cents per square
foot for sidewalk, be accepted and the ac-
companying resolution of award adopted.
Recommend that the bid of Samuel Nc
Cray to improve Twenty-tirst street from
the east line of Main street to the west line
of San Pedro street. at II cents per lineal
foot for grading and graveling, 2S cents
per lineal foot for curb and cents per
square foot for sidewalk, be accepted and
the accompanying resolution of award
adopted.
Recommend that tine bid of T. H. Rey-
nolds to improve Sherman street from the
north line of Sixth street to the south line
of Ocean View avenue at $3.50 per lineal
foot for grading and graveling complete,
33 cents per lineal foot for curb, 10 cents
per lineal foot for cutters and IO1%c per
square foot for sidewalk, be accepted and
the accompanying resolution of award
adopted.
NUISANCES COMPLAINED OF.
The real duties of the council are not an.
parently understood by even the most in
telligent of the largest taxpayers of the
city, as the following petition officia ally
filed yesterday and signed by all the large
firms and business corporations doing
business in the district described goes to
DrOve: