The record-union., 1896-06-13
TIE WATERWORKS BOILERS.
Petition to Set Aside the RiSdOn Com
pany'S Contract.
City Trustees to Appear on Next Wed.
nesday and Explain Their
Action.

There is more trouble in store for the
City Trustees. Last Monday night they
awarded to the Risdon Iron Works of
San Francisco the contract for boilers
for the Water Works, at So, 400. The
Sterling Company of Chicago had in
bid for S6,215 for another style of
boilers, but the Trustees, after consid-
cradle discussion and taking several
ballots, voted for the Risdon boilers.
The Sterling Company, however, con-
tends that as it's bid was the lowest
the Trustees had no right to ignore it.
The company placed the matter in
the hands of r. T. & W. H. Devlin, and
yesterday the latter appeared before
Judge Catlin and presented a petition
for an alternative writ of mandate to
compel the Trustees Of the city to
award the contract to that company.
After reciting the facts relating to the
advertisement calling for bids, and the
submission thereof, the petitioner says:
Accompanying the said bid was
regular detailed specification as re-
CURED by the said notice for sealed pro-
posals, giving the number of tubes, di-
ameter of tubes, and length of tubes,
and all other matters required therein
to be contained, as stated in said no.
tice for sealed proposals; that said pro-
rosal or bid, together with said regular
detailed specification, agreed to fur
nish the said three water-tube steam
boilers Of 100-horse power each, and to
erect and connect the same as pro-
vSded in the said notice for sealed pro-
losalS; that said bid or Offer and the
said detailed specification, contained all
the matters required to be contained
therein as set forth in the notice for
sealed proposals. and agreed to do and
perform and furnish all things that
might be necessary to comply with said
sealed proposals.
That petitioner herein duly perform
ed all conditions on his part necessary
to be performed in order to have his
bid or proposal considered by the said
respondents, and stated fully all mat
tiers required to be stated therein as in
tended and required by said notice for
sealed proposals.
THAT the said bid of petitioner for
the sum of S6,215 for the furnishing
and erection of said three water-tube
steam boilers of 100-horse power each
was the lowest bid for the furnishing
and erection of such water-tube steam
boilers; that the next lowest bid for the
furnishing and erection of said boilers
was that of the Risdon Iron and Loco
motive Works for the sum Of $4,000.
THAT said bids were opened on the
Jst day of June 1896, as required by
law, and the matter of awarding the
contract was continued until the Sth
day of June, 1896, at which time the
said respondents did choose the water
tube steam boilers, and did attempt
to award the contract for the furnish
ing of the same to the Risdon Iron and
Locomotive Works for the sum of
Sc, 400, although the bid Of petitioner
herein was lower than the said bid by
the sum of $3.50.
Petitioner AYERS that it was the duty
OF the said respondents, under the
law, to award the said contract to the
lowest bidder who had complied with
the notice for sealed proposals, and
that as it was determined not to have
four round tubular boilers of seventy
five-horse power each, furnished and
erected, it was the duty, under the law,
of said respondents, if any award was
made at all, to award the said contract
to said petitioner for the furnishing and
erection of said boilers for the said
sum of Sc, 215, it being the lowest bid
der for the same.
THAT respondents did not reject the
bid of petitioner, and the same has
never been rejected.
THAT the said respondents have re-
fused and still refuse to award the said
contract to petitioner, although petit
toner has demanded the award be
made to it, and intend to and will en-
| ter into contract with the said Ris-
don Iron and Locomotive Works for a
sum in excess of petitioners bid.
Wherefore, petitioner prays that an
alternative writ of mandate be issued
to the said II. Wachhorst, r. E. Kent,
James G.. Davis, D. Mckay, l.. Tozer,
James II. Devine, Charles H. Bentley,
c. E. Leonard and T. ]. Pennish, as
and comprising the Board of Trustees
Of the city of Sacramento, a munich
pal corporation, the respondents herein,
commanding and ordering them and it
at once to award the said contract to
petitioner for the furnishing and cree
ton of three water-tube steam boilers
of 100 horse power each, in accordance
with it's bid, proposal and specification,
for the sum of Sc, 215, and rejecting all
other bids for the same. Or if they or
| it fail to forthwith make the said
award to this petitioner and reject the
other bids, in conformity with the bid
and specification filed by it, that they
and it appear before this court to show
cause why they and it have not done so.
Petitioner further prays for such
other and further relief in the premises
as this honorable court may deem just
|
behalf expended
Judge Catlin issued the writ as prayed
for which is made returnable before
him at lO o'clock on Wednesday morn
ing next.