Los Angeles herald., 1907-08-20

rey's conclusion as to the legal ques-
tion involved
Such has always been the practice Of
this department, and such 1t is now.
That the conclusion of Mr.. Mathews,
the then city attorney, was incorrect
has not been suggested to this depart
ment until the legal opinion differing
from that of Mr. Mathews expressed
in the recent report of the present city
auditor, which your honorable body
has referred to me-
On this legal question l await your
instructions as to whether 1 shall still
follow the advice of the legal or some
other department.
Billiards-The statement that there
is a delinquency of some $56. so per
month in the collection of this class
of licenses is readily explained by the
fact that tables are added from day
to day, and that much delinquency
might occur by the addition of new
tables since the time the collector was
there the month previous.
Hotel Problem
Hotels and Lodging Houses-In re-
gard to this class of licenses there are
some 1900 licenses issued that are
paid.
II there are any marked differences.
and there is no desire to try to evade
the fact that they may be some, such
differences either occur through mis-
take or through the inability of the
collector to get the desired informa-
tion from the owners of such houses
and not through any intention or de-
sire to show favoritism.
In former ordinance everything be-
low ten rooms was exempt, but the
courts ruled that such license was un-
constitutional, hence the present
ordinance.
Under the advice of the city attorney
no attempt has been made to collect
from private parties who rent one or
two rooms, and who cannot in any
sense be classed as hotel or lodging
house keepers.
Apart on Figures
Amusements-The report lays par
ticular stress upon the manner of the
collection and the amount paid by the
Chutes, under the management of the
Lehigh Investment company.
1t is stated that the amount paid by
the Chutes and the several conces-
sions amount to only S124, and further
states that Mr.. Lehigh informed him
that he was paying the collector $3.50
which statement, by the way, was
never made and cannot be substan-
tiated, and clearly intimates that
someone Is receiving the benefit of
the differences between the two
amounts.
The facts of this particular case are
these:
The Chutes and the several conces-
sions are paying the sum of 1924 per
month, an excess of 800 over the
amount the auditor says they are pay
ing, and S6i in excess of the amount
the auditor says the Chutes people
report they are paying. From these
figures alone it is evident that the
auditor is in error.
Accompanying this report is letter
from the Lehigh Investment company,
which is self explanatory.
Chutes Company to johnson
Here is the Chutes Park company:s
,tter:
Los Angeles, Aug. IA, 19T.-E E.
Johnson: ear Sir-In City Auditor
Mushet's report to the city council
last Monday he reflects a collusion
between your office and myself, when,
of course, you are aware that the very
opposite conditions of affairs existed,
your office at all times exacting all in
your Judgment / should pay and 1
protesting against your collections as
more than the law demanded.
In City Auditor Mushet's report he
stated that I should pay for amuse-
ment accounts 1927 80, while today he
submitted me a list calling for only
1924, slight discrepancy in the audi
tors office. Again. in his report, he
states 1 only paid SPA for amusements
account, while the facts are 1 hold
Mr. Mushets receipts for $224 De-
Quoting $50 for restaurant and liquor
licenses, leaves $144 for amusement
accounts, another slight discrepancy
in the auditors figures.
Again, in todays list of demands
for licenses for last Sunday he
charges me with 500 for an X-ray and
cataleptic exhibit, which being educa-
tional, was exempt from license; but
allowing the exhibit to be classed as
an amusement l should have only been
charged for a single Sunday exhibit,
or IS as per ordinance No. 10.9W new
series) which Auditor Mushet does
not appear to be acquainted with, al
though very eXacting of all other Off
GERS in the city to possess the re-
quired information.
City Auditor Mushet averages up
our japanese and other ball games
into what he terms AZ days to the
month, thereby taking upon himself
the liberty of repeating one of the
ordinances of the city council gov
erning same.
glaring discrepancies made by the
auditor which will be pleased to bring
to your attention.
Kindly inform me at your earliest
convenience as to whether I was doing
right in paying you all the licenses you
presented me with, and all bearing the
signature of City Auditor Mushet.
Yours respectfully,
JAMES B. LEHIGH,
Lessee Chutes Park.
pass IL IN Citv ATTORNEY