The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-08-31

Treasurer he quotes the law on which he
rests his case. The letter to tho Treasurer
Is as follows:
AUDITORS OFFICE
CITY AND COUNTY OF SAN FRANCISCO. :
San Francisco, Aug. 80, 1879
A. c. Widber, Esq. Treasurer-DEAR SIR: In
the performance OF duty did, on August 20,
| audit demands and draw warrants upon the
| treasury in favor of various firms in satisfac.
| tion OF demands for stationery, ETC., payable
out of the special fee fund. Some OF these
warrants have been honored and paid by you
am Dformed that you have refused to pay
others because of a letter addressed to you by
the clerk OF the Mayor, in the name of the
Mayor, in which it is said: "These supplies
| have been contracted for contrary to law; he
wishes you to withhold payment. as they con-
stitute an illegal and invalid claim against the
| City,"
AS view this language as lbelous as to the
| effect OF my acts and without authority Of
| law as to your duty, you will pardon me for
addressing you
While the laws governing the finances give
to the officers OF Auditor and Treasurer each
tull discretion in Judging what may be valid
| claims, you are not bound to recognize the
Auditors acts as final. 1t is my opinion,
reasons tor the refusal OF payment of audited
warrants upon the treasury on any Of Its funds
designated by the Auditor.
! do not deem it necessary to call attention
to the lawS concerning your duties and rowers,
as you have had long experience, but / fail to
find any law for the suspension OF your power
ana proper OF duty through the
means adopted in This case.
The pleasant official relations which have
existed betwee myself and your experienced
father and with yourself during your in
cum bency OF the Office prompt me to the
Dor of giving You the data and references
that justified the auditing and issuance of the
warrnts for stationery, etc, in question.
1t is my opinion that the consolidation act
never intended that stationery aud stationery
supplies should be considered as printing,
nor that it should be con tracted for as print
ing.
Run down the following and see what you
think aboutit
AS TO STATIONERY.
Consolidation act 1856 Statutes 1855, page
and proper books may be purchased and sup
piled for the Auditor, Assessor and Superin-
tendent OF Public Streets ana Highways. the
expense of which, when authorized and ap-
proved by the Board of Supervisors may be
paid out OF the treasury.
BY an act approved April 10. 1857, Statutes
1857, page 213, section IL was amended as
follows:
proper books, stationery and official blanks
may al the discretion of the Board Of Su pervisors
be purchased and supplied for (naming maHy Off
GERS and courts) AM the xFense whereof when
the amount in each particular case shall have
Board of Supervisors. may be paid out of the gem
era fund upon demands upon the treasury, duly
audited as provided in this t. Provided, that the
total amount Of expenditures for all the aforesaid
books. stationery and official blanks shall ex-
coed the sum OF $25Oo in any one year.
By an act approved May II, 1861, Statutes
dation act was superseded and repealed by the
terms of section 9 of said act, to wit:
SEQ. 8. All acquisitions for books, blanks and
stationary for Of the officers narled In this
act shall be made by such officers respectively
upon the Board of Supervisors stating the amount
and the desert ption thereof and that the same
which statement shall be verified by the oath Of
such officer, and upon their approval thereof the
said board shall order he cost of the same paid
out Of the special fee fund.
You will see that the Legislature in this act
set aside the limit of cost and also directe
that books, blanks and stationery must be
the general fund, thus guaranteeing expeji-
ditious and certain payment fnasmuch rs that
the special fee fund is always likely to be
equal to dem ands thereon.
AS TO PRINTING.
Sec. SO of the consolida ton act as Apr owed
in 1856, page 1874, Statutes of 1856, provides for
the let ting out OF and contracting for the erec-
ton OF public buildings, printing and SUBJ
sistence OF pris oners and nothing Else, to wit:
Sec. SO. All contracts for building and printing
to be done for the said City and County and ordi-
nary supplies for the subsistence Of pfi oners
be given by the Board Of supervisors to The lowest
notice published for not less than five days in at
least two newspapers in said City aud County.
The only amendment can find ON this sec
ton is contained in the Statutes OF 1868, to
Act approved March "a. 1868, page 267:
Section /. The Board Of Supervisors Of the
City and County Of san Francisco shall include
the official advertising Of the Sheriff of the City
an County Of San Francisco In their ad vertIse-
ment for proposals to do the City and County
official printing an shall award the same to the
lowest responsib e bidder pub ishin a ewspaper
of general Calculation In said City and toun Y,
provided SAID award shall be made to the lowest
respon sbe bio in he aggregate for the whole OF
said City an County official printing and sheriifs
advertising
The time above referred to l think means
when the board act under the provision Of Sec.
50, consolidation act, as to printing. The
printing contemplated in Sec. 90, consOlida-
ton act. Is con tracted against and payable out
of the general fund, while the cost of books,
blanks and stationery as contempt ated in Sec
able out of the spe cial fee fund. Your expert
euce will show you how difficult 1t would be
to merge into one account.
will now call your attention, as means Of
ANALYSIS as to printing and stationery, to Sec
ton 4047, Political Code.
Section 4O47. he Supervisors must contract
for: l. All county printing. All books and sta
:ionery. D. All supplies for county institutions.
The code does not apply to San Francisco
but IL clearly shows tn stationery is polite
ally understood not to be printing.
As the firms who have not been honored
with payment of the warrants referred to
above are asking me for advice as to the virtue
of my audit against the special fee fund,
trust you will at your earliest convenience
data and thus much oblige Yours very
spectfully, WILLIAM BRoDERICK.
City Must Make Answer.
OAKLAND, CAL, Aug. 30. - Judge
It'd 81 h. Is