The record-union., 1897-09-08
MUST PAY BACK The MONEY.
JUDGE HUNT DECIDES AGAINST
THE RAILROAD COMPANY.
It Can Get No Pay From the County
for Building the Overhead
Bridge Across the River.

Judge Hunt has rendered an opin-
ion in the case of the county of Sac
ramento against the Southern Pacific
Company, in relation to the payment
of the first installment of $15,000 by
the county to the company for pay
ment for constructing the overhead
bridge across the Sacramento River.
The decision is a very long one, and
cites the facts that by resolution the
Board of Supervisors invited the COM
pany in October, 1893, to present to
them its plans for building a bridge
across the river, and that the COM
pany's engineer appeared before them
and stated that the cost of the pro-
posed bridge would be about S2O0,0b0,
and asked if the county would assist
in building an overhead bridge for foot
passengers and vehicles, as the county
would be greatly benefited by it. He
afterwards stated to the board that the
bridge was estimated to cost S261 900,
and records of the board state that
the District Attorney advising in IA
vor of the legality of such appropria-
ton the sum of $4,000 was appropri-
ated to assist the company in its cree
ton. The amount was to be paid, half
on signing of the contract. and the re-
mainder on the completion of the
bridge.
On December 14th a letter was adj
dressed by "A. N. Towne, for the Cal
ifornia Pacific Company" to the Su-
pervisors and read to them. 1t ac-
knowledged the receipt of the resolu-
ton ''appropriating $4,000 to be paid
70 ~ ~
half payable now and the balance
payable on the completion of the bridge
in consideration of the construction of
an overhead roadway. The company
accepts this appropriation" 1t also
adds that If the work is not done by
December 31st, the company should re-
turn to the county the amount paid
it.
According to the boards records, the
District Attorney advised it that the
letter was a contract on behalf of the
company, and resolution was adopted
authorizing the company to present its
demand for $40, 000 in accordance with
its offer.
The opinion states that no other pro-
ceedings were had or resolutions adopt
ed. no plans for the proposed bridge
submitted, no bids invited, and no con-
tract executed as contemplated by the
resolution of December 9th between
the company and the county's repre-
sentatives. and on December 10Th the
company's claim for $4,000 was al
lowed. 1t quotes the County Govern
ment Act as to powers of Supervisors in
relation to building bridges.
The bridge was begun in July, 1880,
and completed in December, and in
October, when it was more than half
finished the suit was brought.
The court holds that the statute was
complied WITH and that the bridge
was not a matter of necessity, de-
manding immediate action by the
board
The opinion further recites that the
action was brought to recover the first
payment of $4,000 made by the board.
The defendants claimed that the con-
tract was valid, the Supervisors in en-
tering into it having pursued their au-
thorfty under the statute.
Secondhand the order of the board
allowing the claim is the judgment OF
an inferior tribunal, having special jul
risdictfon and the right to determine
the questions involved, and such order
was conclusive in the court.
Third-That the contract relates to
a subject within the scope OF the
boards general powers, and that the
company, having in good faith acted
therein, and expended large sums OF
money in the performance of the con-
tract. and the county officials having
remained silent while the work was
being done, the plaintiff was guilty
of laches, and is now estopped from
repudiating said contract.
The court reviews the first and third
points only, conceding the third. 1t
decides that no great emergency" as
provided for by law, existed, and that
the Supervisors exceeded their author
ity. Also that there was no laches,
and the county did not lose its right of
action. 1t therefore gives judgment
for plaintiff.
This judgment carries with it, be-
sides the return of the $4,000, pen
atty CT 20 per cent. damages for the
47ca If the money which amounts to