The morning call., 1890-11-25

lowest bidder.
4. That in response to said call for bids based
upon the above described specifications lour
bids were received by said board In open session
on Monday evening the 18th OF November INST;
the San Francisco Advertiser nothing" me
Journal OF Commerce nothing" ana tne pan
Francisco Daily Report nothing" each anu a az
OF whom offered to do that portion Oh tIe pup,
lie printing for which bids were asked free o,
charge" In consideration OF the prNllege OF
charging their usual aates 15 an ar ali mes
herein named were aud now are puohc newspa-
pers of general circulation, published at SAID ciiy
and county Of San Francisco, IN the Ehglsh ian'
8. That the usual rates" Of said San Fran
cisco Daily Report are 81 20 per square for The
FIRST insertion and rs cents for each subsequent
Insertion, and the usual rates OF said journal oil
Commerce. as submitted by them, are 81 per
SQUARE for tue first aud 90 cents Tor each suose-
Quent Insertion, and as each bid "pothing" for
that portion OF the work Tor which bids were
called the offer Of said journal of Commerce and
Its bid to do said public printing was lower than
that OF said Daily Report.
8. That, Notwithstanding the fact that the bid
Of said Daily Report was not the lowest, but In
pursuance OF the fraudulent conspiracy on lhe
part OF a majority OF said board, TO award said
contract TO the proprletors OF SAID Daily Report
by means of fraudulent specifications cutting on
competition, SAID defendants are no" procee9ang
sions OF said board, and by all means
In their power TO pass said proposed contract
through its various stages, and TO conclude and
complete The same before the expiration Of their
term of Office on the first OF January next; ana.
IN pursuance OF said conspiracy, VIII, as plaint'i1
Is Informed and believes, and so charges the fact
TO be, grant and execute said contract Tor public
printing, based upon said fraudulent ald illegal
specifications. and award II TO- and conclude tue
same with SAID Daily Report, and lis propileloIs
at special meeting OF said Board OF Supervisors
called aud noticed for, and to be held on Monday
evening. November "a, 1880. unless previously
restrained by order OF this honorable court.
10, That unless said Board of Supervisors are
enjolned from awarding SAID fraudulent con-
tract, based upon said Illegal and fraudulent
specifications, the legality OF all street Work and
other Improvements VIII be clouded ana eq.
dangeTed, and the QUEENSLAND taxpayers OF said
city and county, including plaintiff, are liable
Using many times IN excess Of It's value, aud
gross aud glariDg fraud upon the public Will be
Whei efOre, plaintiff demands Judgment
First-That defendants DO restrained by In.
junction from taking any further proceedings IN
The matter OF the award OF said proposed con-
tract for doing The public printing from the LIST
of January. 1891, 10 the LIST OF January, 1888,
and that all proceedings and advertising con-
Dected Herewith be ordered 10 be Immediately
suspended.
secoud-That said specifications be declared
III gal and fraudulent, and that defendants be
forever eDjoined from awarding any contract
based upon the same. JENNINGS q HNBBs,
Attorneys for Plaintiff.
THE ORDER.
In pursuance of the above complaint a
regular citation in due form of law was
issued, upon WHICH Lue lOiioNIHS OTutT VI
the court was made:
In the Superior Court OF the city and county OF
San Francisco, Stale Of California, Frederick b.
Perkins, plaintiff, against Henry Bingham. Sell
den 5. Hngnt, Coin Al. , BOYD Joseph q resc a
Dieduch Becker, Henry PIlster, Vlneeni King
well, David Barry and Patrick Noble, Super.
yIsors, constituting the Board Of Supervisors Of
said city and county Of San francisco, deiend-
ants.
Good cause being shown, and said plaintiff
having executed and filed a written undertaking
pursuant TO the statute and the practice OF Tue
court 10 the effect That lie viii pay the said de-
fendauts aud each OF them, said Board oil Super
Visors and said CITY and County OF San Fran
cisco. such damages, not exceeding tue sum Of
$1,000. as they said Board OF Supervisors or
said City and County OF Sau francisco may sus-
tain, by reason Of the injunction In this case. IL
the court shall finally decide that the plainlf Is
not entitled thereto.
1t is ordered that said defendants-Henry
Bingham, Seden S. Wright, Colin NJ. Boyd,
Joseph Pescia, Charles S. Bush, Levi K. Ellert,
Peter Whcelan, Diedrlch Becker, Henry PiSter,
Vincent Kingwell, David Barry and Patrick
Noble-iudIyiduaIy ana collectively, and as aud
acting as and constituting the said Board OF
Supervisors, he and they are hereby ehjolned
and restrained from granting letting, awarding,
closing or concluding, or agreeing thereto, Tue
contract for The pubic printing for the said City
and County OF San Francisco or any part thereof
for lie period of and from the LIST day OF Jan
uarv A. ID. sol, 10 the Isl day OF January, A. ID.
1898, or any portion OF said period, upon the
terms of or IN accordance with the provisions
lished, calling for bids for a contract for such
public printing. of which Tie following Is copy
(Ihen follows a copy OF The Proposals for Do
Ing Public PTlntlus," before Ielelled 10, con-
Guiding as follows:
Aud from. all further proceedings hereunder
In The matter OF The award uf said contract for
said public printing, or any part thereof, until
the further order of this court.
November "a, 1890. JOHN HUNT, Judge.
THE DECREE.
Then follows the decree OF injunction emanat
Ing rom Tie Superior Court, in which, after set.
ting forth in due form the filug OF the complaint
ana the prayer for an Injunction, The court says:
On reading The said complaint III this action,
duly verified, and IL satisfactorily appearing TO
said court ILerelrom that 1t is a proper case for
an INJUNCTION and that sufficient grounds exist
therefor; and the necessary and proper under
taking having been given;
We therefore in consideration thereof and OF
the particular matters ID tile said complaint set
forth. do strictly command you. ,and each and
every one OF you. that dlntl the further order oil
saiu court you aud each OF you, your and each
of your servants, agents. attorneys, employees,
and all persons acting under The control, author
ity direction OF you, or either OF you, indlvid.
ualiy aud collectively, aud as and acting aud
constituting said Board OF Supervisors, do abso-
lutely refrain and deSist froL granting, letting,
awarding, ciOsin. or concluding, or agreeing
the reto, Ihe contract for the public printing for
tie said city and county Of San Francisco, or
any pant thereof for the period OF aud from the LIST
day OF January. A. ID. 1891, 10 the LIST day OF jan
uary, a. D. 1898, or any portion OF said period,
upon the terms OF or In accordance With the pro-
and published, C Hing for bids for contract for
such public printing, TO he received In open ses-
sion OF said bOaId on Monday evening, Noyem-
Der H. 1890, and from all further prUce, dings
hereunder in the matter of the award OF SAID
contract for said public printing under The pains
and penalties Of Tie law.
Witness: Hon. ID. j. Murphy, Judge OF the
Superior Court OF the City and County OF San
Francisco, and the seal of said court this Path
day OF November, 1890.
William A. Davies, Clerk.
By w. j. Hrney, Deputy Clerk.
"CLEAN-UP" WORK.
The several Applications for franchises,
railway, electric wires, ETC., met with in
discriminate slaughter in one way or an-
other. j. w. Hartzel and Behrend Joost's
application for a railroad franchise over
many streets and leading to the county
line was laid over for one week. Tne
franchise asked Tor by the Pacific Power
Company TO lay wires, ETC., was ordered
passed to print as amended by the Street
Committee, which struck out the words
"lor telephone and telegraph purposes"
The franchise asked Tor by the Electric
improvement Company to extend wires by
means of poles or otherwise was lost by
vote of ayes to noes. CT requires Z ayes
to carry any measure i'll the Board OF Super
visors.)
The application for franchise BY
the Edison General Electric Company,
also desiring the right to use the avenues OF
the city for wires, ETC., was defeated by a
vote of ayes to noes.
The franchise asked for by the Mutual
Gaslight Company was indefinitely post
poned. This company asked for right
that the Constitution OF the State grants to
all companies and individuals proposing to
furnish gas or water to the citizens OF any
city,
The resolution to provide the Fire Depart
ment with a water tower company and com-
pany for Engine No. 10 was opposed by
Boyd on account of the scarcity of funds.
He admitted the necessity Of such acquisi-
ton to the department, but in view Of the
great shortage in the Fire Department he
thought it extremely bad policy for the
board TO increase the debt just at this time
and leave such burden for the incoming
board to wrestle with He proposed that
the matter be laid over for six weeks.
Bush was of the same sentiment ard sup
ported the motion. The motion was lost by
a vote of ayes and noes.
On its final passage Boyd again opposed it
by asserting that it was really against the
law TO incur such an indebtedness. He had
always been friend of the Fire Depart
ment, but he did not want to throw ignominy
on ha rd ~ plupuipO I hahly in daI,t