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MAJORITY AND MINORITY REPORTS

OF THE

SAN FRANCISCO DELEGATION

IN RELATION TO

ASSEMBLY BILLS Nos. 325, 310 AND 154.

D. W. GELWICKS........STATE PRINTER.

REPORTS.

ASSEMBLY CHAMBER,

868.}

February 29th, 1868. Mr. SPEAKER : The San Francisco delegation, to whom were referred Assembly Bills numbers three bundred and twenty-five, three hundred and ten and one hundred and fifty-four, have had the same under consideration, and the undersigned-being a majority of said delegation-respectfully beg leave to report them back accompanied by a substitute for the three bills, the passage of which they respectfully recommend, and in doing so offer the following reasons:

We find, after careful and diligent examination, that Patrick Donohue, Patrick Creighton and James Brennan entered into a contract with the authorities of the City of San Francisco to grade certain streets in said city, and that the said Donohue, Creighton and Brennan well and faithfully performed their part of the contract; that the work was accepted by the city, and that the said parties were entitled to receive the wages of their labor, but have never received the same, and now, after more than four years of delay and costly litigation, are compelled to appeal to this body as a last resort to obtain the rights that have been denied them by the Courts.

We find that after the work was completed and accepted by the city autborities that some of the owners of property who had been assessed to pay for said work discovered that the Mayor had not, either by neglect or because he supposed it unnecessary, signed the notice of intention, by which technical point they took advantage; and both they and the city refusing to pay, these parties have been kept out of their just dues up to the present time. We also find from examination of the books of the Street Commissioner that there are no other claims against the city in a similar condition to this, and that the payment of this money will open no door and establish no precedent whereby other claimants may expect to recover old claims, these being the only parties who bave prosecuted their claims up to the Supreme Court.

Now, in view of the above facts and knowing that they cannot be controverted, we submit: Is it not more just that a great and wealthy city

should be compelled to pay this just and equitable demand-particularly when it only exists by the neglect or mistake of its chief officer-iban that these poor men should lose their all ?

THOMAS N. WAND,
B. J. BRODERSON,
FRANK V. SCUDDER,
MATT. CANAVAN,
S. L. LUPTON,
A. G. ROSS,
FRANK MAHON.

MINORITY REPORT.

Mr. SPEAKER : We, the undersigned, being a minority of the San Francisco delegation, to whom was referred Assembly Bills Nos. 154. 310 and 325, believing that the parties who ask relief under the proposed bill have no legal or equitable claims against the city, and that by the passage of the aforesaid bills the Legislature will establish a dangerous precedent, recommend the indefinite postponement of the whole matter.

T. E. FARISH,
D. W. CONNELY,
JOIN MIDDLETON,
J. J. PAPY.

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