The morning call., 1894-05-08
REAPPOINTED.
DEPUTIES
Mayor Ellert on the Darby
Laydon Contract.
j. DoWLlNGs DEMAND VETOED.
Park Commissioner Stow Wants the
City Street Sweepings for
Golden Gate Park.


made happy yesterday when the Board Of
Supervisors recon sidered its resolution
adopted at the last meeting postponing
consideration of his bills until an opinion
could be obtained from the City and County
Attorney on the subject Of the Surveyors
right to charge the city for work when he
employed others TO do it. The action
OF the board at the last meeting meant the
tying up of work in the City Surveyors
office. for Surveyor Fltzhugh Immediately
discharged all his outside force, consisting
of ten men, for the season that he could
not pay them out of his $500 year salary.
Yesterday Supervisor Forman moved to
reconsider the previous action of the board.
and to recall the resolution from the City
asd County Attorneys Cffice. The reso-
luton was adopted. Supervisors Hinton.
James and Denman voting against it.
When he heard of the boards reconsider
alton Surveyor Fiizhugh said he would re-
instaie his men and continue to do city
work when he had to employ Others until
tho courts decided the mooted point.
Mayor Ellert sent Communication to
the board ou the subject OF The Darby
Laydon g. Co. contract which, he claims.
is void on account OF the fact that Super
visor Dundon is a member of the firm. The
document was referred to the City and
County Attorney for an opinion. In his
communication Mayor Ellert says:
1t is the duty OF this department TO report 10
your honorable board the fac as hey appear
IN connection with a contract entered into on
behalf OF the city and county with Darby,
Laydon & Co., who were the lowest bidders TO
repair Spear street. from Harrison to Bryant.
IL appears thgt Specifications were prepared
for this work aud the Superintendent of Public
Streets instructed TO recommend the perform
ance of the necessary repairs so that proceed
ings might be taken under the provisions of the
street law. That officer reported O your h0nOra
BILE bodrd that Darby Laydon & Co. had obtained
contract with the owners of the property who
were liable for one half the expense, and under
the circumstances recommended that the city
and county contract with the same parties to
perform that portion OF the work Tor which the
city and county was liable. Your Committee
ON Streets, after hearing Darby Laydon, re-
ported, and the board directed the Undersigned
as Mayor 10 invite estimates and nave the work
performed at prices not exceeding those at
which Darby LaydOn had agreed TO do the Work
for the property y-owDers.
Acting under the instructions OF your honor
able board estimates were Invited and Messrs.
Darby Laydon & Co., being the lowest bidders,
the contract was given to said firm.
A public announcement made IN morning
newspaper stating that member OF your
honorable board was also member of the firm
named was brought TO my attention and on in
vestigatlon the gentleman named, L. +. Dun.
don, Supervisor of the Ninth Ward, acknowl-
edged the fact and that he had never made any
coneealment of his connection with hat firm,
and his attorney, A. j. Clunie Esq. coDtended
practically that the contract made under
authority of your honorable board was not such
a contract as contemplated by section $50 OF
The Political Code, and on behalf OF Supervisor
Dundon requested submission oil the question
for legal detefmtpdton.
AS the position assumed was not in my opin-
ion conducive TO nor In compliance with the
purpose and object of the statutes, and as no
volunteer REIMBURSEMENT OF the contract was
rendered or made, 1t became my duty to inform
the firm OF Darby Layden Co. that owing to
the fact of a Supervisor being one OF the said
firm the contract was iu violation of law and
its provisions could not be carried oul and en-
forced and that the same was annulled, and
that the attention of your honorable board
would be called TO the fact 80 thai proceedings
could be taken 10 declare the SAID contract
void, as provided by section 321 OF the Polltl-
cal Code.
Asit appears that Supervisor z. F. Dundon
was not aware OF these provisions OF law and
was innocent OF any mention to violate the
purpose and intent OF the law, the opportunity
TO relinQuish the said contract and TO make
such statement was afforded to preclude or
alleviate In whole or In part the penalties pre-
scIbed for such action.
These are some Of the results. and while 1t
does not appear otherwise than that the Super
visor interested In this manner was other Than
ignorant of the law and innocent of any at
tempt TO benefit himself or injurs the city and
county, yet while 1t may extenuate the offense,
the obvious intent OF the statutory provisions
based on experience for the public protection
d es not permit of such action.
The board indefinitely postponed the
resolution resembling the action of the
Supervisors in 1891 closing up certain
streets in the Mission Bay district. The
understanding is that the Southern Pacific
Company, which desires the streets closed,
will aid i "a the filing Ia and reclaiming OF
the Mission dumps.
Park Commissioner Stow appeared be-
fore the board in support Of the PROPOSE
tion of the city's donating to the park the
street sweepings for fertiliZing purposes.
Commissioner Stow thought that the
street railroad companies would convey
the sweepiDgs over their lines In the early
hours of the morning for nominal sum,
and said he would unite with the Super
vsors in obtaining this concession.
Supervisors Forman, Kennedy and Den
man were appointed as a committee TO
cunfer with the street railway companies
on the proposition.
Mayor Ellert sent in a veto message,
which took the usual course, veteing the
demand of Contractor j. j. Bowling for
$500. allowed and ordered paid by the
board on A prii IS, 1894. for the paving Of
Pacific street from Powell to Taylor with
basalt blocks. The Mayor in his message
says the work has not been performed ac-
accepted until they have been complied
with.
An order was passed to print providing
for the change of grade on Market street
from Valencia to Seventeenth streets.
which Is to be assessed for the work OF
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