The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-01-13

1t has been rare in the history Of the Board
Of Supervisors Of this city that such complete
harmony of sentiment and action has pre-
vailed as at the present time. \ oneness Of
purpose and a total absence of wrangling
characterize the proceedings Of the present
board.
The brand Of disapproval is being
stanped more and more emphaticallY with
each meeting on many Of the bold plumber
ing schemes and jobs that the solid Nine"
attempted TO consummate, and last nights
meeting scored highest yet. Three very
significant and important resolutions were
passed to print as follows:
Rel ealing resolution 1853 and order 900,
prov.ding FOR opening ANA eXtar d ng six
teenth sheet from its present terminate l
in a westerly direction to l street, and ap-
pointing certain commis toners.
Also lei ealing the resolution providing
for the opening and extension OF Market
street from its present termi alton south
We steTly to the ocean and the appointing OF
commissioners.
Also repeating the resolution providing for
the opening, widening and extension of
~ u
Twenty and Twenty third streets
10 Corbett road and the appointment OF COM
mIssIUners.
ILLEGALLY PASSED.
The reasons given for the repeating of
these resolutions was thai the board IN pass
ing them omitted 10 comply With provisions
.of section IS Of the Cons ulIdation Act, which
requires every ordnance OF resolution pro
vIding tor any specific improvement, after
its Introduction III the board, 10 be pub
h>hed with the ayes and noes in some
city daily newspaper at least i've successive
DAYS before final action upon the same.
That is, instead Of passing such resolutions
& print and publishing them i've days, and
then presenting them to the Mayor for his
approval, they were simply adopted the
moment they were proposed, so that the
Mayor cOuli not get chance 10 delay and
possibly defeat them with his veto.
As 1t i the present board, acting upon
legal advice, IS clearly OF the opinion that
the resolutions were Illegally passed, aud
hence all proceedings under them have been
illegal.
This little Joker will knock seven or eight
OF Buc6ley's heightened silEeI lambs such
as \. I. Spots, Charles Haswell and Others.
out OF nice fat UeTths of 500 month each,
and not thing to do, and be a saving to
& e city OF about 5000 month.
VEToEs SUSTAINED.
The three yetoes signed by Mayor Pond
ana read before the board at It's previous
meeting were unan mOusly sustained. One
dlsap proved OF The resolution accep'iug
from Behrend Joost and John J. Meehan a
deed TO a strip Of land thirty feet wide, eA-
tending from Clara street to Park Lane
Tract, parallel with and contiguous 10 Cor
beit road. Another disappTOved of q resOlu-
ton granting TO the PACING tertlliZllg Cfj;ill-
paHy the exclusive night for twenty years of
removing all butchers O!t2i and q. her re-
Ia \
scheme to repair Font street from Clay to
Sacramento -%ith covering of bituminous
rock Where required"
o. " hen the board was about 10 tak 5 a vote
on the veto of The resolution accepting the
deed of JoOst and Meehan, Supervisor
TabsT was in favor Of referring the matter
TO the Street Committee again. He thought
that if some arrangement could be entered
into to preserve the rights of these parties
without detriment to the city, it should be
done.
Ebert declared that the language of the
N ayOT, SO far as the acceptance of the deed
was concerned, ought TO be taken as cOnelu-
slve. If MessrS Joust and Meehan had any
rights TO preserve they should go about it in
tile proper way.
This seemed to settle the discussion and
the veto was sustained.
ANOTHER SCHEME FRUSTRATED.
Another solid Nlne'' scheme completely
ldlnlIaTAy
known as Barry's Fire Ordinance, which
V as passed over the Mayors veto in April
last The order repeating and annulling the
same, aud all acts performed hereunder,
was finally passed.
This defeats the attempt of the Buckley
gang 10 get full control of the Board of
Ire Commissioners, and VIII probably end
the dispute between the appointees Of the
Governor and the "Solid Nine now in court.
j he very elaborate opinion of the City
and County Attorney on the public printing
steal, by which the contract for the next two
years was awarded to the Stock Report was
read. The tuL text thereof is given as fol-
lows:
an Illegal Contract.
To The Honorable the Board Of Supervisors If
the CITY and County Of San Franciseo-GEH-
TLEMEN: You have referred 10 me ihe ouesIIon
Of iAr legality OF the contract entered Into on
behalf OF The City and County Of San Francisco
WIN Messrs. Bunker & Hester, prOprietors OF
tie san Francisco Daily Report
In response thereto submit the following as
NY opinion:
have examined the questions involved with
more ihan ordinary care, IN view OF Tie opinions
heretofore rendered by my predecessor III Office
aud also OF the decision Of Hon. john Hunt in
The case OF Perkins VS.. Bingham ct al, contrary
thereto.
While recognizing the force and ability of the
opinions heretofore delivered to your honorable
body by this Office, and while agreeing in some of
the positions taken, ind that cannot, upon
mature Judgment. concur In all of the couclu-
slons arrived at
The contract is somewhat iuartlhcjaIIy drawn.
POSSIBLY, were It's terms critically examined, IL
would be found devoid of the Intended stipula-
tons On The part OF the city and county.
However that may be, L have considered it ac-
corning TO lis naniiestly intended puFpOrt.
Briefly, on the part of Messrs. Bunker and
HlesleT, IL Is stipulated that they shall publish
In tie san Fr ancisco Daily Report for tie term
Of Two years without compensation, the Tes0lil-
Tons orders and authorizations of the Board Of
Supervisors. IDis Is the sole undertaking on
"A ri rat IA
On the part OF the city and county two engage.
ments are made in consideration thereof:
First-Ihat Messrs. Bunker and Hester shall
have the right to charge and collect their usual
rates from The parties interested or affected FOR
all resolutions aud orders comforting special
privileges, opening and closing stre cts publish
lug official notices, changing established grades
OF granting franchises and all resolutions and
notices OF street work.
SecOnd-That The San francisco Daily Report
shall be du ing the term OF The contract the off,
cial paper OF the city and county of San Fran.
cisco, IN which all said notices, resolutions, etc.
sh ~ be printed.
On The parI OF the city and county IL Is in effect
contract, that lie Report shall continue for Two
years 10 lie tie official paper OF the city and
county, and as such shall have the right to col
lecl us usual rates for The resolutions, notices
and authorizations mentioned.
Is lhls contract, SO Tar as the stipulatiOns on
Inc part OF The city and county are coEceI ned
Salld aud binding upon the present Board of
oupeiHlsorsY u: may they designate a different
Official organ with impunUy2
The consideration OF The legality NJ the nm
Haet resolves itself into two questions:
fHst-As 10 the conformity with the law Of
, az ae' ~ punt OF io M and as to the COM
phanee by lhe Board of Supervisors with The
law 10 The steps preliminary to lie execution Of
Tile contract. ' Va
Second-As to the power Of the Board of SIN.
petN!sors 10 make The siipulatous on behalf Of
lie CITY and county and thereby bind lie civ
aug county themselves and their successors
HE objections 10 the contract under lie first
lead L have considered, although deem the OBJ
Ifcitons coming under the second head decisive
OF The inyalidity of The contract
Ia tile matter of form tie contract IS ambleu.
Gus ana uncertain, assuming that the ihcor-
pOrated resolution OF award Is portion Of lie
contract declaring the agreements on behalf OF
Bunker aud Hester. The latter agree
IL tubllsh without charge The resolutions, or
ders aud authorizations Of the board. Neverthe-
less II Is stipulated that they may collect from
lie parties interested their usual rates for all
eSolutI0ns and orders comforting special privi-