The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-12-27
John c. Bateman Speaks of
the Hall of Justice
Contract.
Believes That the Mayor or the
City Is Liable ior
Damages.
Contends That There Is N, Serious
Def ct in the Instrum snt Under
Controversy.

In his refusal to sign the contract for
the construction of the new Hall of Justice
Mayor Sutro has placed himself and pos
| sibly the City in an EN- barrassng position.
The contractors, Bateman Bros, have
deposited check for $27, SEQ as guarantee
of good faith on their part with the Board
of Supervisors, and it is also claimed by
them that the prices of building material
have advanced and are still ad-
vancing. 1t is the opinion OF their
attorneys. Sullivan & Sullivan, that an
action for damages based on these
two facts will lie either against the
Mayor personally, for failure to perform q
purely ministerial function, such as they
claim the signing OF the contract would
be, or against the City. The amount OF
damages, it is held, will be made up OF in
terest claimed on the tied-up cheek and
the difference in the prices OF materials at
the dale when the contract should have
been signed and prices when the contract
is ultimately signed
John Z. Bateman, one of the mem bers
OF the contracting firm, in speaking OF
the ENHANCEMENT yesterday, did not ap-
pear to be al all disturbed over the atti-
that the objections of his Honor TO the
legality Of the contract would all be swept
away when it came to q full and Impair
tia investigation of the subject.
''The Mayor does not seem to be con-
sis emit" said Mr.. Bateman. III you will
read resolution No. 1888, awardlng the
contract, and passed by the B BARD of Sup
ervisors, and approved by the Mayor, De-
Gem Der 5, 1896, you will see that that pro-
vides that the City and County Attorney
is authorized as the proper person TO draw
up this contract. The instrument in
question was drawn up by him, still the
Mayor sees Mt to review 1t. And this,
too, in the face of the fact that on De-
Gem Der s, 1896, the Mayor approved and
signed authorization No. 1922, which pro-
vdes for the payment OF 1888 to the
architects, this being 3 per cent OF the
con tract price. Now if there Is no con-
tract, it is singular how the Mayor could
have approved that authorization. | SIM
ply mention these two matters to show
that ne is not consistent
II would also mention that the strong
est objection by the Mayor and Mr..
Rogers, who seems to be acting as his
attorney, is that no resolution in their
judg ment was passed declaring that the
public good required the construction of q
suitable building such as that described in
the contract. In point of fact such reso-
luton was adopted July %, 1895. 1t reads
as follows:
RcSotued, That this board deems it expedient
and hereby declares that in its judgment the
pubic good requires the construction of a
suitable building the old City Hall lol for
the accommodation of criminal departments
OF the Superior Courts, police courts, stations,
prison, Morsue, Coroner's Office and other
municipal uses.
When this was drawn 20 the Mayors
attention last Friday ne said that this
resolution had certainly done away with
the main objection TO the matter, and
Yet at our last meeting h5 said he would
not sign the contract, as his lawyer said it
was illegal.
by making his objections at this late
day, alter signing the two revolutions re-
ferred TO- he has placed the City in some
what of peculiar situation.
1--WE have informed him that under the
circumstances we feel we, are entitled to
damages. either from himself or the CITY,
owing to the delay in the matter. We
have C. right to claim interest on the
cheek for $27 800 which has been deposited
with the Board of Supervisors, and the
prices of material have advanced, and are
yet advancing.
III we thought there was anything radi-
cally wrong with the contract we would
not enier into it, and would be grateful to
the Mayor for pointing out any defect.
ut is now a question of expediency
whether we shall apply to the courts in
protection of our rights or await further
action until the incoming dministration
is in power"