Los Angeles herald., 1906-01-17
MAYOR SIGNS
ALL ORDINANCES
STREET IMPROVEMENT WILL
GO AHEAD
Attorney Hewitt Gives Advice and
McAleer Promptly Reverses Views
and Attaches Signature to
Mass Of Bills

The dam that has been holding bacl
public improvements in Los Angelo,
broke Tuesday at 5 o'clock and Mayor
McAleer began signing ordinance.
that have been pillng up i'm his office
since the first of the year. This wa.
done on the advice of Assistant City
Attorney Hewitt.
The mayor has refused to sign these
ordinances of intention of improve.
ments that have been sent him by the
council since January l. asserting that
1t was the duty Of the board of public
works to act on these and in his Of
ficial capacity he had absolutely nc
control over the question of public inn
provements.
Yesterday afternoon the attention OF
the mayor was called 10 the fact that
the signing OF an ordinance, be 1t for
public Improvement or any other pur-
pose, was q legislative function of the
mayor and that the charter amendment
providing for a board Of public works
did not delegate the powers of signing
ordinances to the board.
Leaves II to Hewitt
The mayor studied over the case for
few minutes and then called in AS
sistant City Attorney Hewitt and turn
ing to a small audience in his office
said:
"Tll do just what Mr.. Hewitt tells
me-"
When the assistant city attorney ar
rived the mayor propounded to him
the question of whether or not 1t was
his duty to sign these ordinances.
Having thought the question over
very carefully | have come to the con-
clusion that it is" answered Mr.. Hew-
lit. 1.-The charter amendment does not
take away from the city council its
right to declare that work shall be
done or the privilege of passing the
final ordinance for this work. The
councils authority stops, however,
when it comes to the question of re-
ceiving bids That is where the board
of public works comes in and the Coun-
Gil has no right to act on bids received
for work advertised FOR after the first
Of the year"
Signing Begins
"In that case it behooves me to get
busy" said the mayor in a most
genial manner, as he filled his fountain
pen afresh and attacked the big pile
of ordinances in front of him. This
morning he will probably have affixed
his signature to the entire accumula-
ton and public Improvements will at
least progress as far as the receiving
of bids.
This decision Of Mr.. Hewitt practical
ly solves the question propounded by
the city council Monday and on which
1t asked the city attorney to render a
decision in writing at the next ses-
sion. That is whether or not the coun-
cil's board of public works has right
to act on public improvements as it
has continued to act since the first
of the year. According to Mr.. Hewitt's
decision given to the mayor yesterday,
the council has no such right.
Victory for CounciImen
IT was the opinion of several of the
city Legislators that Mayor McAleer
had gone further than he had any
warrant in refusing to sign the
Of intention passed by the
The city councilmen claimed that the
mayor had not read the signs Alright
as the charter amendment does not
delegate any legislative powers to the
new board of public works, and the
signing Of an ordinance, be it one of
intention for public improvements or
any other purpose Is a Legislative duty
and through the city attorney sustain
ing this contention they have won
doubtful victory over the mayor.
The duties of the board are defined
in the charter amendment as follows:
Boards Duties
"Section las (a) The board of
public works shall have and exercise
all the powers and duties that are
now or may hereafter be conferred or
imposed by law upon the city council
to:
Il. The advertising for, and inviting
Of proposals or bids for doing any work
ordered by the city council to be done
In or upon any streets, avenues, lanes,
alleys. courts or places, or in the con-
struction of any sewer or drain, or
1ered by the city council In or over the
light of way granted or acquired for
such purpose;
80. The examining, considering, and
declaring of such proposals or bids;
"3. The awarding, letting and relet-
Ting of contracts for doing any of
said work so ordered. the giving notice
If such award, the rejection of pro-
oosals or bids for doing such work,
and the granting of extensions Of time
or the completion thereof by the con-
ractor therefor;
"a. The approval and the fixing Of
he amount of bonds required to be
given by contractors prior to, or at the
work. ard the fixing of the time within
which such work shall be commenced
and completed.
"The board shall also have and ex-
ercise all of the powers and duties that
are now or may hereafter be conferred
Or imposed by law upon the mayor re-
ating to the approval of the award OF
contracts for any of the work men
toned in this section.
1.-THE board of public works shall
also have and exercise all OF the powers
and duties that are now or may here
after be conferred or imposed by law
upon any commission provided for by
law to assess the benefits, damages
and costs incident to proposed change
Of grade of any public street, alley,
lane or court"
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