The San Francisco call., 1897-11-27

Noting, J. P. Fay and George B. Dittu:
have committed an offe s wh:c make,
them Liable TO prosecution for mIsde-
meanor, and which upon conviction work:
forfeiture of office and forever debars
them from holding any position in the
service OF the .ty.
Mayor Koch has admitted in'the pres
ence of witnesses 10 THE CALLS represen
tative that he committed the offense re-
ferred to; there is documentary evidence
in the records OF the City Clerk ana of the
City Treasurer that the oftense was com-
mitted, and there are other indepen denl
witnesses to establish the fact com prising
the offense. The evidence in the case of the
lour Councilmen can be seen in records in
possession OF the City Clerk, the City
Treasurer and By the Mayor, and can be
borne out by witnes es.
Mayor Kochs' offense lies in the de-
struction o. a public record. The four
Councilmen have approved and allowed a
demand on the city treasury not author
lied by law, and have created an inde bt-
ednesS against tie city without authority.
On October 13 1897, there was passed by
the Council and approved by the Mayor a
CLAIM for extra work on the main sewer,
constructed by Contractor Charles v eh-
ner, amounting to $3.50. This was paid by
City Treasurer Ewing on October 16.
three days later. Subsequently Mayor
Kocas' attention was called 10 the fact
that this claim had been illegally paid, as
it was in excess of tie contract price.
The Mayor thereupon procured the re-
funding of the money 10 the city treasury,
and then destroyed the claim or bill
which had been flied with the City Clerk
and the warrant which had been filed with
the city treasury. both documents having
thus become public records Section 113
of the Penal Code provides as follows:
Every officer having the custody of any rec
ord, mapor book filed or deposited in any
pu0lic office, or placed in his hands for any
purpose, who Is guilty OF stealing, W wlllfully
destroying, mu liatilg, defacing, altering or
talslfy1ng, removing or secreting the whole or
part OF such record. map, book, paper or pro-
ceedlng, or who permits any other person so
10 do, Is punishable by imprisonment in the
State prison not less than one or more than
fourteen years.
That the money had been illegally paid
IL shown by certain PROVISIONS OF the new
charter. The work ior which the $3.50 was
paid was not advert ed for, as it should
have b 'en. Article V, chapter / sec ton
OF the new charter reads as follows;
No claim for commodities furnished or serv-
ice performed s0all be valid unless, prior to
furnishing such commodities or the rendition
OF the service, authority for the same was
given by the Common Council or some depart
ment OF the city government having authority
so 10 do.
No member OF the Common Council or
member OF any department and no city officer
shall have power to create any indebtedness
against the city, or 10 furnish the basis of a
claim without said authority. A violation OF
this section shall be a misdemeanor. No sup
plies, materials. or other item OF expenditure
for amount exceeding 500, shall be
ordered or purchased by the Mayor and Com
mon Council or any board or department of
the city authorized TO incur any expenditure
except after first advertising Tor sealed pro-
posals and awarding contract to the lowest
and best bidder.
Each proposal must be accompanied by q
certified check in an amount not less than 10
per cent of the sum bid. which cheek must be
forfeite to the city upoD the failure oil the
person, nrm or corporation bidding 10 enter
into the contract awarded. All contracts
awarded by the Mayor and Common Council
shall be by ordinance or resolution. A sufi-
cient bond. payable to the city, with two
more sureties, shall be required TO secure