The morning call., 1890-12-21

An ILLEGAL OPINION.

Whenever the Board of Supervisors have
piece of municipal jobbery, which, of
themselves, they dare not perpetrate, they
get out license from the City and County
Attorney. The printing job was too much
for them without this stimulant With this
In hand they proceeded a. once TO put the
job through. They were enioined, ana the
denuneations from the bench apparently
caused some CONSERVATION in their ranks,
until the happy thought struck them to get
another permit from the. City and County
Attorney. This was readily granted. and
the most iIane production that ever issued
from the pen of an attorney was pub
lished in the ring organ last even
ing. That appendage Of the "Solid Nine !"
starts out with the assertion that Section
SO of the Consolidation Act All contracts
for building and printing 10 be done for the
said City and County must be given by the
Board OF Supervisors to the lowest bid
der" etc, does not apply to the public
printing under t. e contract, because, accord
ing TO Mr.. Flournov Jr., 1.-The printing as
uSed in that section evidently refers to such
printing as may be required by the various
departments of the municipal government
such as blanks, printed stationery and what
is ordinarily known as job printing" This
blunder, or VIII atever we may designate it,
on the part of Mr. Flournoy is the keynote
of the whole COMEDY of Errors" which fol-
lows. If the counsel of the ''Solid Nine"
had wished to ascertain the true
meaning of printing" as used in the
section quoted. lie could easily have
found it By referring to the case of
Maxwell VS.. The Board of Supervisors of
Stanisaus County. So Cal. $50. where the
Supreme Court of this Stale defines the
term. The question there arose under
Section 4047 Of the Political Code, which
says that the Supervisors must contract
for all county printing" etc, and it was
held that the word printing included pub
locations. BY this Is blunder" Mr. Flournoy
has wiped out the Consolidation Act
so far as the printing contract is cen
cerned. For what purpose? An act was
passed in 1877 with reference to con-
tracts, providing that they should
be let to the lowest bidder after
being advertised in three daily papers
for i've days. Appended to this Act is
clause, '.Al bids shall be receive
under such guarantees or deposits of money
and sulject TO such conditions as The Board
Of Supervisors may prescribe Eureka
Here it Isl Here is the enabling act which
liaS euhbltu lHt SOiiu nine 10 SSl III Ut
fiance all law, human and divine. All other
laws are deleted and all contracts are to be
let subject to such conditions as the Solid
Nine may prescribe! OF course the fact
that the word conditions" is coupled with
guarantees" and deposits of money" and
was intended to insure bona fide bids cuts
no figure. The learned counsel Of the solid
nine says: Under the statute haze no
question that the reservation contained in
the specifications permitting the bidder to
charge his usual rates for a certain class
of advertisements is entirely Valid
OF course not; that was not what was
asked for.
One slight twinge of conscience is visible
in tie whole document when he says. ''of
the policy or propriety of.such action O. the
Board of Supervisors, under the statutes.
IN my opinion, is constituted the sole judge.
The Board OF Supervisors have then got
tag" What are they going to do? The
Mayor has vetoed the job. and on Tuesday
evening next there will come a tide in the
affairs of the "Solid Nine" which Will lead
them On either to redeem themselves while
it is yet time, or to commit an overt act of
conspiracy. Which will it be? How say
you, Mr.. Whelan, and you, DIR. Pescia?