The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-02-06
PUBLIC PRINTING.
Synopsis of the Law Relating to
the Contract for 1t.

City and County Attorney burst has COM
pleted and filed yesterday his brief in the
Injunction case of the proprietors of the
Stock Report against the Board of Super
vsors to restrain it from repeating the acts
of .'the Solid Nine" in awarding to that
paper the contract for the public printing,
The document is exhaustive of the subject
in hand to the last degree. 1t maintains.
first, that injunction is not the proper pro-
ceeding; that if tie contract is valid and
the city commits a breach, the petitioners
have sufficient remedy at law; that the
city has no right to bind itself by contract
so as to limit its powers. and that the con-
tract travels beyond its proposals. Follow
ing are few of the simpler points ad-
vanced by the city's counselor:
The proceeding is an attempt to enjoin
the breach by municipality, for which
breach there is an adequate remedy at law.
The pretense upon which this prohibition
is sought is that the city is about to impair
the obligation of contract, and that the
breach will entail irreparable damage for
which no recovery at law will be adequate
If the contract is valid there is an adequate
remedy at law for its breach.
The contract is in excess of the contract
ing power of the city. 1t involves bar
gaining away Of the legislative powers of
the city, hence void.
Assuming that the right of publishing the
resolutions. etc, should be let by contract to
the lowest bidder, no bids as CONTEMPLATED
by the law we're received as the basis of the
contract.
The contract departs from the proposal
for bids, ana the bid upon which it is
founded is void.
The contract does not bind the city to do
all public printing to be done in the Report,
or to continue the Report for two years or
any time as the official parer.
The board is subordinate legislative
body, and no more subject to restraint than
is the Legislature. A legislative body can
not be restrained from passing an unconsti-
tutiOna or Illegal act. But the attempt to
| enforce such act may be restrained, and a
| court may then declare it void
| If the proposals call for and stipulate fig
| ures upon certain work the contract must
| be confined to such work. If 1t cover less or
more ii is void
This contract travels beyond its proposals
by stipulating that the Report shall be en-
| titled to charge and collect its usual rates
for certain resolutions and for street no.
| tees. 1t might as well have travelled
further and included the delinquent tax list,
| or the Pound keepers official notices.
The contract is void for want of bids. The
proposals call for bids to do the public
| printing, and define su h to be all resolu-
| lions, orders and authorizations by the
Board of Supervisors; all notices and adj
vertisemen.S required to be published by
each municipal office or department, and all
! notices and resolutions pertaining to street
work. But they do not cali for bids as to
resolutions comforting special privileges,
| opening and closing streets, publishing Off
| cal notices, changing established grades,
granting franchises and publishing street
| notices.
Assuming, therefore, that the law allows
| and calls lOr the letting of such a contract
! to the lowest bidder, the present contract is
void as to the classes of resolutions, orders
and notices specifically designated in the
proposals. Being void as to them, the con-
tract must fall In toto.