The herald., 1897-02-18
A RESOLUTION RECINDEE
What Is Required in Rendering Minute
Details
Bids for the stage Road Through Cahuenga
Pass Accerted-A dTievancs OF the At
observation-disclosures Mites


nature of the expenditures. This reso-
luton has been prolific of trouble and
business in some of the county offices
/ has been delayed and held in allegiance
/ to the loss of the county itself. by reason
| of this stringent Interpretation of the
! law. Finally the board referred the mat
! ter to the district attorneys office for
/ consideration and yesterday Deputy Dis
J trict Attorney Willis filed his opinion
with the board.
( Mr.. Willis first quotes section Al of the
| county government act of 1898, as fol-
! lows: THE boards of supervisors must
| not hear or consider any claim in favor
! of any person. corporation, company or
| association against the county, nor shall
! the board credit or allow any claim or
I bill against the county or district fund,
unless the same shall be itemized. Civ
! irg names, dates and particulars of SER
| vices rendered, character of process
| served. upon whom. distance travelled
| when or where. character of work. num-
| Der of days engaged materials furnished.
to whom and the quantity anG price paid
| therefor. duly verified TO its correct
| ness ard that the amount claimed is
| justly cue, is presented and filed with
! the clerk of the board Within the year
after the last item of the account or
! claim accrued"
From the provisions of this section"
| says Mr.. Willis "are excepted the ex-
| penses of burial under the direction of
the coroner, and it is provided for said
expenses that the services rendered and
| expenses incurred shall be substa ntially
| stated. simply and verified as in the case
| of other claims.
You will notice upon the examination
of this section that the provision SIM
ply is that claims shall be itemized and
certified There is nothing in this sec
tion which Will admit of a construction
giving power to the board of supervisors
to require anything additional in the
way of procedure than that given and
prescribed in this section. If the claim
states what the services We're when and
where rendered. and for what the eX-
pense and expenses were incurred, and
Is duly verified by the oath of the claim
ant, that is sufficient and the board of
supervisors have no power to add any
additional provisions or restrictions up
on the manner or form of presentation of
claims. Therefore. any resolution that
might be passed providing for such ad-
ditional forms of procedure, or mode of
verification or authorization of claims
| would be without any binding effect
| whatever and afford no defense in an
action against the county to compel the
| payment of such a claim. when the mode
| of procedure prescribed in said section
| has been followed"
In the light of this legal opinion. on
motion of Supervisor Wirsching, the
resolution adopted on Dec. % was or
dered rescirlded.
THROUGH CAHUENGA PASS
The efforts of Supervisor Hanley have
at length beer crowned with success,
and yesterday, upon his own motion, the
bid of A. r. Hogan, of Pasadena, for
grading the Los Angeles and Ventura
stage road through the Cahuenga Pass,
was accepted. Mr.. Hogan. offered to do
the work for 2Sla cents for ma aterial in ex~
cavation, 2Sia cents for all material in
excess of excavation, and to furnish
pipe at the following rates in place ac-
cording to plans and specifications, with
| bulkheads, c.:S-inch pipe, % cents; IS
inch pipe, So cents: 24inch pipe, 81 50;
all a per lineal foot. AS an alternative
bid Mr.. Hogan offered to build the en-
tire road. according to the plans, with
pipe laid. ETC., for s1.SSS, and this was
the bid that was accepted. His bond
was fixed at 81 900 and 3. O. Kendall and
Belle Kendall, of Pasadena, duly quail
fed as sureties. The work is to be COM
pleted within thirty working days.
GRIEVANCE OF ATTORNEYS.
4 number of attorneys filed a petit
! ton with the board reciting a certain
| grievance. and making a recommends
! ton. The attorneys as officers of court
are authorized to represent their clients
{ and deposit money with the clerk of the
! court in trust for the payment of fees
/ that may accrue. and to collect all mon
/ ey that has been paid to the clerk III
/ satisfaction of judgments and receipt
/ for any money not exhausted as fees in
! the prosecution of cases.
! Such it is claimed. is the law and the
/ o1h cfbGr will
! eventually confuse the books of the
! clerk Of the court In these premises
| the petitioners ask that the beard ADOPT
| the suggested resolution. that the clerG
/ of the court be instructed to make set
/ tlemcrt with attorneys Of record in all
cases, ard refund and pay all moneys
not exhausted as fees in the respective
/ cases, when they shall be terminated by
| Judgment dismissed or otherwise, as
! has been the practice in the court in
! the past.
MISCELLANEOUS BUSINESS.
The county clerk was authorized to
/ purchase new Typewriter for the sum
/ Of 500. the cid machine to be turned in
a q valuation Of $50.
j. 2 &harplesg. j. ]. Mcclellan and
r. r. Wright were appointed as view
ers for the new Banchito and FL Monte
road,
The petition fer the vacation Of Ever
/ green avenue in the san Jose district,
/ and its restoration to acreage, was
granted
In the matter Of tho levers report
on Peck avenue, it was continued until
I March 9Th
The petition for vacating streets all
avenues n the First addition to Long
Beach was granted.
Tho bid Of the Baker Iron works for
furnishing an iron wash room in the
county jail for 500 ard the bid OF !.
A Blumve e Co for putting on the
latrino for cell, for 500, were both ac-
! ceDted
The petition for the opening and con
tinuation Cf Rail street in the Rowland
road district, was taken under advise
ment.
me new school district Of Willow
Springs was approved or rccor:men-
daticn Of the county superintendent ot
schools The Wilmington division line
| ard PGmerCy We're both denied
The deed to certain property on the
san Francisquito canyon road was re-
coived and the land declared a public
highway.
the petition that certain streets be va
Gated and restored to the governments
subdivision west Cne-half Of section 30
toWn9hip north, range 10 west, was
granted.
The claim of the Whittier reform
school for s31l 20 for maintenance 3f
boys and girls from this county was re-
jected
| The claim of Lille Barnes, one of the