The herald., 1896-12-05
ELECTRIC LIGHT FRANCHISE
City Attorney Gives an Opinion
on Bids
SAYS GARLAND IS ALL RIGHT
The Board OF Public Works Will Con.
slider the Matter
Main Street Pavement Warrants Issued
The Chain Gang Wanted on Bou-
levard-City Auditors Report

Two members of the board of public
works We're present at the time of the
regular meeting yesterday morning
Mr.. Kingery and Mr.. Pessell. The 9TH
er member of the board, Mr.. Munson.
is at present with the Los Angeles colony
at Randsburg. After considering some
minor topics the board gave hearing
to Contractor j. p. Mccormick. who ap
peared to defend himself against the
charge that he owed his employees for la
bora charge which, if sustained, would
bar him from further bidding on public
works. Mr.. Mccormick explained to
the board that the charges arose from
some labor claims against a sub-con-
tractor A. J. Flood, who operated under
the firm of Putnam & Co., of which Mr.
Mccormick was a member. Contractor
Mccormick told the board that he owed
no man anything, and the trouble re-
erred to in the communication that had
been presented arose from some differ
cnces of opinion in the settlement of
financial dispute between the contractor
and the sub-contractor. The eXplana-
ton did not seem to satisfy the board,
and the matter was deferred until the
next meeting, when Councilman Munson
will be present.
The following opinion from City Attor-
ney w. f.. Dunn was received, read and
taken under advisement:
In the matter of the several bids for
the electric lighting franchise, in which
you have asked my opinion, l beg leave
to report as follows:
The facts as l understand them are as
follows: The highest bid, which is for
2loi, has been put in in the name of Mr..
Garland; the next highets bid, of Mr..
Stats, being for the sum of $1107. 1t is
claimed by Mr. Garland that he has no
interest whatever in the bid put in in his
name, but that the same was put in by
him at the request of Mr.. Allen and for
Mr.. Aliens use and benefit. AS Mr. Gar
land is member of the board of educa-
ton. the question naturally arises is to
whether or not this bid of his is nvalida-
ted by that provision of the charter
which provides that no city officer shall
be interested, directly or indirectly, in
any contract to which the city is a
party. On the other hand, the statute
under which this franchise must be sold
provides that it must be sold to the high
est bidder. The owners of the next
highest bid have obtained the opinions
OF some of the leading members of the
bar to the effect that the bid df Mr..
Iaiidilu ~ wholly NOld ana that you have
no right to consider the same In view
OF the fact that you have Mr.. Garland's
statement that he has no interest in the
bid, and the statement of Mr. Allen
that he is the owner of the same, and
in view of the further fact that there is
a difference in these two bids of over
slo0o, l feel constrained to solve the
doubt as to the validity of the Garland
pld in favor of the city. While | have
the greatest respect for the opinions of
those attorneys who have given their
opinions in favor of the second bid, still
believe that as long as there is a doubt
that doubt should be solved in favor of
the city and that you should accept that
DID winch is SO much higher than any
other bid that is offered. If, indeed. l
am mistaken in the position take. and
the award ought to go to the lower bid
der. such lower bidder can easily and
speedily have the matter determined in
the courts.
MUNICIPAL NOTES
The report of the city auditor for the
week ending November 30 was filed with
the city clerk yesterday. 1t shows some
or the city's funds to be at low ebb.
Two petitions We're filed with the city
clerk yesterday. One of these prayed
tn city council to have the grade estab
lished along the line of the proposed
boulevard between Sixth and First
streets, and the other was to employ the
chain gang to do the grading.
The warrants for the Main street
u