The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-07-03
THE UNION FERRY DEPOT,
Separate Contracts Must Be
Let for the Different
Sections.
A VICTORY FOR THE TRADES.
Important Opinion Rendered by the
Attorney-General - Page
Browns Loss.

Commissioners yesterday the opinion of
Attorney-General Fitzgerald was received
in regard to the employment of Architect
A. Page Brown, the payment of the work
in constructing the foundation and the let
ting of the contract for the union ferry
depot. The Attorney-General takes issue
with Judge Sanderson on the latter point,
expressing the opinion that the work
comes under the provisions of the act of
1872. According to the official, a. Page
Brown should be retired, as he was
illegally employed. Regarding the pay
ment for the foundations Mr.. Fitzgerald
says that it was rightfully made out of
the harbor improvement fund.
The question as to Browns being ille-
gally employed was raised by President
Colnon about two months ago and the
board referred the matter to the AT torney
General. Mr.. Brown has been paid one
half his commissions on the work for fur
nishing the plans. The other half was to
have been paid as the work progressed.
but the board, acting on Fitzgerald's re-
port, Will refuse to pay out any more
money to the architect, and will probably
supplanJ him with another superinten-
dent.
Several months ago bids were advertised
for by the board for the construction of
the depot building The Building Trades
objected to the superstructure being let
to one man or firm, claiming that it was
in violation of the law. A friendly
suit was instituted against the board to
compel it to let the work in detail, or re-
ceive separate bids for material, stone
work, iron work, brick work, plastering,
etc. Judge Sanderson decided the suit in
favor of the board, stating that the work
was to be done under special act of the
II r,1la tt1rn hat +hn ln n n
not apply. The Attorney Generals opin-
ion is in direct conflict with the Judgment
of the court. Following is Mr.. Fitzgerald's
report:
SAN FRANCISCO, July 2, 1895.
Hon. E. L. CoLnon, President Board of State
Francisco, Cat-DEAR SIR: In reply to your
question whether the act entitled 'An act to
regulate the erection of public buildings and
structures approved April l, 1872, is in force
and controls your board in the employment of
an architect for the proposed new depot and
ferryhouse to be erected at the foot of Market
the employment of A. Page Brown, as
such architect, the provisions of the
aforesaid act requiring that competitive
plans be advertised for was disregarded
into with the aforesaid A. Page Brown, that
contract is valid and the said A. Page Brown
is legally employed as such architect; and to
your further question, whether the $500 900
provided by law for the erection of said depot
and ferry house was designed to cover the cost
of the foundations and superstructure, and
whether such cost can legally be in excess of
that amount by the construction OF the founda-
tons with money derived from the Harbor
improvement Fund, the whole amount of the
$500, 600 being reserved TO pay for the super
structure
First am of the opinion that so much at
least of the act entitled AN act to regulate the
erection of public buildings and structures" ap-
proved April l, 1872 Statutes of1S71-2. $3.50. as
requires "any Board OF Trustees or Commits
sioners charged by law with the duty OF erect
| ing public building "to advertise for plans
and Specifications in detail for said building
| y and to state in said advertisement the
amount authorized by law or otherwise to be
| expended for the erection of said builing y = =
and also the premium to be awarded to the
architect whose plans and speclfca tons for
| the same may be adopted" is in full force and
controls your board in the employment of an
| depot and ferry-house; and that therefore, If
in the employment OF any architect your board
disregarded the provisions OF th&t act, such
employment was not in accordance with law.
The San Francisco depot act, submitted to
and ratified by the people at the general cleo
ton held in November, 1892 Statutes of 1891,
page 100, authorizes the Board of State Har-
Dor Commissioners to construct and furnish
"a general railroad, passenger and ferry depot
at or near the foot OF Market street, in the City
and County OF San Francisco, in the
manner and method authorized by law The
act of April l, 1S72-"to regulate the erection
of public buildings and neutrality-suspicious.
and Specifications and employing an architect.
Section l of an act entitled, San act TO regulate
contracts on behalf of the State in relation to
erections and buildings" approved March 3d.
1876 (Stat. 1876, 427), prescribes the man
ner in which such plans and specifications
shall be prepared. There is nothing incon-
sstent in these provisions of the two acts last
| referred to. The plans and specifications must
be procured and the architect employed in the
manner prescribed by the former, and the
plans and specifications must be prepared in
the manner prescribed by the latter. This is
"the manner and method authorized by law
and cannot be disregarded by your board.
Second-I am also OF the opinion that 1t was
not the intention of the San Francisco depot
therein for the erection and furnishing of
the depot and ferry-house should be expended
upon the concrete foundation at the foot of
Market street upon which 1t is proposed to
erect said depot and ferry-house; nor was such
the intention of the State Board OF Harbor
Commissioners in letting the contract COR
this work, rs clearly appears from the adj
proposals or bids, and by the specifications, in
both OF which the work is specifically described
as ''building foundations OF the approach to
ferry slips 2, 3, 4, 5 and q, on the water front
of the City and County of SAN Francisco"
1t is, therefore, q part of the harbor improve
ment worA which is within the scope of the
general duties OF your board; and 1t must be
and not out of the $500, 900 which the depot
act provides ''must be used exclusively for the
building and furnishing OF said depot" (Stat-
utes of 1891, page 112). Respectfully,
w. f. FITZGERALD, Attorney General.
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