The morning call., 1890-11-25

meeting Ot the Board Oh SUPERVISORS, Noole
of the Twelfth Ward. Although the session
was not particularly stormy, twas long and
tedious, and characterized by the considera-
tfon OF many important measures.
When the minutes of last week Monday
evenings proceedings were read, it was
found that Supervisor Ellert's motion to re-
consider the passage to print of the resolu-
ton awarding the city printing to the Re-
port read next meeting" instead of next
regular meeting" as he insisted that it
should,
The Mayor asked If there were any cor
reetiOns TO be made, and as no one answered
be declared them TO be approved.
; Ebert evi Gtntly did not hear his question,
: for a moment later he arose 10 make tn col
:reetion, when Barry called him to ord er on
the point that the minutes had beel ap-
: proved.
=: A POINTED PROTEST.
: The following protest was then read:
-: TotHe Honorable Mayor and the Board Of Su-
peruiSorS Of the uy and County Of San Fran
eisco-GENTLEMEN: In response 10 your cali
&c for bids Tor doing the public printing Tor the cay
:. aud County of San Francisco. from January l,
: 1881 to January l, 1898 in daily newspaper
OF general calculation printed aud published in
ihe city and county. 10 the English language, the
uhdeEs gned submitted bid for the consfdera-
lion OF your honorable board.
: = We desire 10 submit the following reasons why
: the contract should not be awarded 10 the San
Francisco Daily Report:
: Fmst-The proposals called for are not In &C
eoTdance With the terms and Intent of the law,
. which requires q separate, distinct and SPECIFIC
amount 10 b. named for each class OF work 10 be
: done under the terms aud conditions OF said Con
tract
Second-The law requires that the contract
q should be given 10 The lowest bidder.
We respectfully submit That The San Francisco
Daily Report is not the lowest bidder. but on the
contrary Ihst lis bid is the highest named 10
your honorable board. That IL is the duty OF
hOnurTt hia hoard take into consideration
The amount Of the usual rates 10 be charged by
: The official paper for all resolutions and orders
oOnfefTng special privileges, opening aud clos
ing streets, publishing official nOTices, changing
established grades and granting franchises, Is a
question that would not seem TO admit of any
argument.
A portion OF the same-vlz.: publishing official
= notlces-is paid for out OF The treasury OF The
: city and county, OF which your honorable board
Is especially the protector and guardian. The
remainder IS paid for by interested ctizeus,
whose only safeguard from unjust and improper
charges is lie waiehfulness and prot, cTion
e which the law guarantees them al your hands.
The usual rates Of the San Francisco Daily
Report, published at the head OF its columns.
are specified TO he;
(Har inch to the square)
hiIsi So per per square
The bid of the Journal OF Commerce named its
usual and regular rates TO be: First insertion
(Bsf inch 10 the square, 81 per square, addi-
difference in favor Of the Journal OF Commerce
follows: For one insertion 20 per c'nt, for
two insertions 20 per cent, for three insertions
% per cent, for five Insertions nearly 80 per cent.
- The bids submitted by the other papers are
also less than the bid OF the San Francisco Daily
Report. We therefore, for the reasons named,
most respectfully. but earnestly, protest against
the contract being awarded TO the San Francisco
. Sau francisco Journal OF Commerce Publish
ing Company.
T. BY W. H. MURRAY, Secretary.
NO COMMENTS.
Without word of comment the protest
was referred to the Committee on Printing
The only other appearance of the public
. printing scandal at all was when Ebert
moved to reconsider the motion by which
the resolution awarding the contract was
: passed 10 print. Not muscle moved In tue
whole chamber. Finally, as no one offered
TO support his motion, it died a still death,
and the Mayor called for the next matter on
the unfinished clip.
The reason for non-action in the matter
.ef public printing was that the members of
the board had been served with an injunc-
ton from the Superior Court directing them
!. not To take any steps in the matter OF letting
the pubic printing until further orders
i from court.
-. AN INJUNCTION.
. The injunction was granted on the fling
OF All action in the Superior Court OF the
city and county of San Francisco, in which
Frederick b. Perkins is plaintiff and Henry
Bingham. Selden s.. Wright, Coin NJ. Boyd,
Joseph PescIa, Charles 5. Bush, Levi r. FL
! leIt, Peter Wheelan, Diedrch Becker, Hen
ny PIlster, Vincent Kingwell, David Barry
and Patrick Noble, Supervisors. consti-
tutlng the Board OF Supervisors of said city
and county of San Francisco, are defend
ants.
The plaintiff complains Of defendants and de-
clares:
California. and resident elector and taxpayer
OF the city and county OF San Francisco.
2. That said city and county OF San Francisco
ts q mIlnlclpal duly incOrnOraItu
and said defendants are the Supervisors consti-
tutiBg and acting as The BoaId Of Supervisors
thereof.
3. That In accordance With Section 60 of the
charter OF said city anc county, commonly known
as the Consolidation Act, all contracts Tor print
Ing to be done for said city and county, Including
The printing hereafter mentioned, must be given
by The Board OF Supervisors OF said city and
county 10 the lowest bidder Offering adequate
security, and by Section OF IAN act to define
The powers Of the Board of Supervisors OF The
city md county Of San francisco with reference
To contracts" approved March 8. 1873, all con-
tracts, Including The proposed contract herein
after described shall be awarded TO the lowest
bidder.
4. That defendants pretending to proceed
In pursuance OF the above statutes TO effect
contract for doing the public printing for SAID
city and county from The LIST OF January, 1891,
10 the LIST OF January, 1898, acting together as
Board OF Supervisors. did GU the 10Th day of
November instant, cause to be prepared and
published The following advertisement calling
Tor bids Tor said public printing for the period
mentioned In accordance with The specifications
(Rere follows The proposals for doing public
printing the specifications being as herein set
Bidders viii estimate and bid price for which
the work of publishing the resolutions, orders
and authorizations OF the Board OF Supervisors
shall be performed as hereinafter speclted:
For one insertion, per 1000 ems.
For three Insertions, per 1000 ems.
For hive insertions. per 1000 ems
-. Bidders will estimate with the unGers landing
that The party TO whom the contract Is awarded
In consideration thereof snal have the right TO
charge and collect their usual rates from the
parties Interested affected for all resolutions
and orders comforting special privileges, opening
and closing streets, publishing Official notices,
changing established grades or granting fran
&c 8. That said defendants while SO pretending
TO act IN pursuance OF said statutes in causing
said Specifications TO be prepared ana published
and In calling for bids for contract TO be based
on The samr. did not act In pursuance thereof,
pose and intent OF said statutes; but on the con.
frary, a majority OF said Board Of Supervisors
unlawiully and franduieniy conspiring to-
gether, have caused the same to be prepared and
published for the fIaudulent and unlawful pur-
pose OF eyading such statutes and OF awarding
The contract for doing the said public printing
! Tor the period mentioned 10 party other than
the lowest bidder.
6. That said specifications were artiulIy and
i naaaulenty PREPARED In, amoDg others, tile fol-
Firsl-Blds are asked for small portion Of
ealo prlnllng only 10 wit: the publishing Of the
resolutions, orders and authorizations OF The
Board OF Supervisors, II betug ex. ressly pro-
vided In and by said specifications that The party
10 whom tile contract should be awarded should
have The right TO charge ana collect their usual
rates Tor ali the remainder of the public printing
In direct c0nlravenil0n OF the statutes reQuir-
ing all printing and all contracts to be awarded
10 the lowest bidder.
Second BY cunningly devised artifice the
principle Of competition Is destroyed and said
Board OF Supervisors enabled to award the
contract 10 whomsoever they please, for, as the
Board OF SUPERVISORS refuse 10 accept bonus
Tor said printing, no one can bid less than
..nofh!ng." ana out OF the various bids OF moth